Senate FRIDAY, DECEMBER 9, 2016

Home , Albert Diaz (judge), Austin Tice, Josh Earnest, Miners Protection Act, Nancy Moritz, Senate Ukraine Caucus

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, SECOND SESSION

Vol. 162 WASHINGTON, FRIDAY, DECEMBER 9, 2016 No. 178 House of Representatives The House was not in session today. Its next meeting will be held on Monday, December 12, 2016, at 3 p.m. Senate FRIDAY, DECEMBER 9, 2016

The Senate met at 10 a.m. and was lic for which it stands, one nation under God, overwhelmingly rejected that ap- called to order by the President pro indivisible, with liberty and justice for all. proach. tempore (Mr. HATCH). f The funding in this CR is critical to our Nation’s defense. It supports over- f RECOGNITION OF THE MAJORITY seas operations, the fight against ISIL, PRAYER LEADER and our forces in Afghanistan. It pro- The Chaplain, Dr. Barry C. Black, of- The PRESIDING OFFICER (Mrs. vides resources to begin implementing fered the following prayer: CAPITO). The majority leader is recog- the medical innovation bill we passed Let us pray. nized. earlier this week and to start bringing relief to victims of severe flooding Great and eternal God, we refuse to f forget Your generous blessings that across our country, and of course it in- bring joy to our lives. You satisfy us REMEMBERING JOHN GLENN cludes provisions that will guarantee that retired coal miners in Kentucky— with good things in every season. We Mr. MCCONNELL. Madam President, particularly thank You for the laud- we were saddened yesterday to learn of in Kentucky—and other States will not able life of former Senator John Glenn. the passing of one of the most iconic lose their health benefits at the end of Lord, You have not dealt with us ac- figures of the 20th century, John this month. Would I have preferred cording to our sins. Continue to sus- Glenn. He described his childhood as that provision to be more generous? Of course I would have. My request to the tain our lawmakers. Remind them that being like something out of a Norman House was to fund it for a full year, but their days are like grass, which flour- Rockwell painting, but as we all know, we will be back at it in April, and I ishes and then disappears. May they his life was anything but ordinary. think it is highly unlikely that we will find sustenance in Your steadfast love, This smalltown boy from New Concord, take it away—just as I would have pre- striving to please You in all they do. OH, came a long way and lived a full ferred that so many miners’ places of Give them the wisdom of a reverential life, one that touched many and will employment hadn’t been driven into awe that will trust the unfolding of not soon be forgotten. bankruptcy in recent years, which as Your majestic providence even when Elaine and I send our condolences to we all know is due in no small part to they do not understand Your move- his wife Annie and the rest of the President Obama, his policies, and the ments. Glenn family. overwhelming majority of Senate Lord, we thank You for the faithful f Democrats who support all those poli- service through the decades of Your cies that have been a huge factor in LEGISLATION BEFORE THE servant, Senator HARRY REID. As he creating the dilemma we have in coal SENATE prepares to transition from the legisla- country in Ohio, Kentucky, West Vir- tive branch, give to him and his be- Mr. MCCONNELL. Madam President, ginia. Most of the Senate Democrats loved Landra fair winds and following yesterday the House passed a con- support the war on coal. seas. tinuing resolution on a very large bi- It has been my intention that the We pray in Your great Name. Amen. partisan basis, with more than three- miner health benefits not expire at the f fourths voting in its favor. end of April next year. As I just said, I Let me repeat that. Three-fourths, a am going to work with my colleagues PLEDGE OF ALLEGIANCE majority of both parties, voted for the to prevent that, but this is a good time The President pro tempore led the legislation needed to keep the govern- to take yes for an answer. We should Pledge of Allegiance, as follows: ment open. While some Senate Demo- pass the CR without delay because if I pledge allegiance to the Flag of the crats may want to delay into a govern- we don’t pass the CR, the health bene- United States of America, and to the Repub- ment shutdown, House Democrats fits will go away at the end of this

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S6931

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.000 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6932 CONGRESSIONAL RECORD — SENATE December 9, 2016 month. The House is gone. They are were looking, asked if he would auto- I am not going to go over the list of through for this session. graph for them just a piece of paper his many awards. The Distinguished Failure to pass this legislation means they had, and he did that. Everyplace Flying Cross is really a big deal in the delaying funding for our troops over- we went, in Poland—we were all Sen- military. He was awarded one six seas. Failure to pass this means delay- ators, but there was only one John times. ing funding for Flint, MI. I promised Glenn. Everyplace we went, he was be- Madam President, I ask unanimous Senator STABENOW we would deal with loved. He really was an icon. consent that a listing of the many that issue, and we have, in the WRDA In reading the morning newspaper, I awards he received, including the Con- bill and the CR that are here, having was disappointed it had a headline, gressional Gold Medal, be printed in passed the House. Failure to pass this John Glenn known for his space ex- the RECORD. legislation means delaying funding for ploits. John Glenn was known for far There being no objection, the mate- storm recovery in many of our States, more than that. Of course, he was our rial was ordered to be printed in the and of course failure to pass this legis- first to circumvent the globe. He told RECORD, as follows: lation means creating a shutdown of all of us he wore that space capsule, it Distinguished Flying Cross, six different the government. Over what? We have was so small. In all the news last night, times, funded health care for miners through it showed him climbing into that. If Navy Unit Commendation for service in the end of April. We have funding in you were claustrophobic, you could not Korea, The Asiatic-Pacific Campaign Medal, here for the opioid crisis and a whole get in that, it was so tight. He could The American Campaign Medal, lot of other things that Senators say reach out and touch both sides of it. The World War II Victory Medal, they care about. They want to shut the Here this great aviator told me and The China Service Medal, government down to stop this? Really. whoever else was listening that when The National Defense Service Medal, It hardly makes sense to me. In fact, that came down in the ocean, if they The Korean Service Medal, The United Nations Service Medal, passing this CR guarantees that health had waited another minute to pick him The Korean Presidential Unit Citation, care will be there for miners through up, he would have had to throw up. The Navy’s Astronaut Wings, the end of April. It guarantees it. Fail- Here was a guy who never got sick any The Marine Corps’ Astronaut Medal, ure to pass it guarantees it goes away time, but he was getting sick then. The NASA Distinguished Service Medal, at the end of the month. I have so many fond memories of The Congressional Space Medal of Honor, John Glenn. He was so nice to me, as The Congressional Gold Medal, I think it is time to get serious. I and the Presidential Medal of Freedom. think we all don’t want any of these he was nice to everyone. He was an ace Mr. REID. Madam President, after a consequences to come about. The thing in World War II, a fighter pilot. He was quarter of a century, Senator Glenn to do is to pass this continuing resolu- an ace in the Korean conflict. I think left the Senate, and here is what he tion. After we pass that, we will turn he had 90 missions there. This may said: ‘‘Yeah, I’ll miss it, sure. But you to the water resources development upset some people, but it is a fact of move on to other things. That’s it.’’ bill. The House overwhelmingly passed war—war is tough. We were having a That was John Glenn. He moved on the bipartisan water resources develop- debate here on napalm, and someone asked John Glenn: Did you ever use to other things. ment bill as well, with more than Until a couple of years ago, he flew three-fourths in its favor. It was over- that in World War II? He said: Yes, we did. his own airplane. When he was a Mem- whelming on both sides of the aisle. ber of the Senate, he flew back to Co- Now it is our turn to act. Remember, When would you decide to drop your lumbus, OH. I think that is where he this bill supports waterways, infra- load? went. Every time he wanted to go, he structure, enhances commerce, and He said: When we could see the didn’t take commercial; he flew his maintains American ecosystems. It whites of the eyes on the people on the ground. own airplane. also authorizes spending in the con- So I express my condolences to tinuing resolution, which will help That was John Glenn. He was so thoughtful of everyone else—but a sol- Annie. I admire the inspiration she has families in Flint. Flint is in both of been to everybody who has ever known these bills. These are the folks who dier, a marine, a pilot. He held that record for flying across the United her. Of course, John Glenn, I repeat, is have been impacted by the drinking an icon of the Senate, an icon of the water crisis. We will have a vote on States faster than anyone else. He was known by far more than his space ex- military, an icon of the space program, WRDA after the CR has been approved. an icon in life, and a wonderful human I encourage my colleagues to work ploits. He served in the Senate for 24 years. In all the years I have been here, being. together now so we can pass both of I yield the floor. these as soon as possible. It strikes me no one in the Senate had more respect that delay is not a solution to any of than John Glenn. f these problems I have outlined. His story is legendary. He and Annie, RESERVATION OF LEADER TIME who is a wonderful woman, knew each f The PRESIDING OFFICER. Under other when they were little kids, first the previous order, the leadership time RECOGNITION OF THE MINORITY and second graders. That was a love af- is reserved. LEADER fair that was ongoing forever. To show The PRESIDING OFFICER. The the strength of this woman, we only f Democratic leader is recognized. had to look at what happened yester- ENERGY AND WATER DEVELOP- f day after John passed away. She is 96 MENT AND RELATED AGENCIES years old, and she was worried about APPROPRIATIONS ACT, 2016 REMEMBERING JOHN GLENN people coming to her home—with John The PRESIDING OFFICER. Under Mr. REID. Madam President, our Na- having died and well-wishers coming— the previous order, the Senate will re- tion and the world lost a historic figure so she went grocery shopping so she sume consideration of the House mes- yesterday, a legend, John Glenn. would have food in her home when peo- sage to accompany H.R. 2028, which the As a relatively new Senator, I had ple came to visit. clerk will report. the good fortune to take a trip with As a child, Annie was stricken with The senior assistant legislative clerk him. He led the trip with Ted Stevens an inability to speak. She stammered read as follows: so that no one could hear her—they of Alaska. It was a wonderful trip. We House Message to accompany H.R. 2028, a were in Austria. The Iron Curtain was could hear her, but they couldn’t un- bill making appropriations for energy and down. We went into Czechoslovakia derstand her. As she was growing up, water development and related agencies for and had all the Russian soldiers check- John Glenn was her mouthpiece. He the fiscal year ending September 30, 2016, and ing the train. They had dogs. would take her phone calls because she for other purposes. But around the world, everyone knew couldn’t talk on the phone, but she Pending: that John Glenn was leading that trip, overcame that and became the Annie McConnell motion to concur in the amend- and a number—three, to be exact—of Glenn we all know who speaks very ment of the House to the amendment of the the soldiers, when none of the others well. Senate to the bill.

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.002 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6933 McConnell motion to concur in the amend- John Glenn would sit there very quiet- ies of water. I am working to ensure ment of the House to the amendment of the ly, and I wondered if he was going to be that the needed resources are deliv- Senate to the bill, with McConnell amend- outflanked by this trial lawyer, Fred ered. ment No. 5139, to change the enactment date. Thompson, who was so gifted with his It is time to act now. McConnell amendment No. 5140 (to amend- TRIBUTE TO JESIKA WHITTLE ment No. 5139), of a perfecting nature. own oratory. But time and again, John McConnell motion to refer the message of Glenn rose to the occasion for our side Madam President, behind every Sen- the House on the bill to the Committee on of the aisle and did it in his own quiet, ator is an extraordinary scheduler. Appropriations, with instructions, McCon- persuasive, Midwestern way. Since 2012, I have had the privilege of nell amendment No. 5141, to change the en- At the end of that 2-year period that having Jesika Whittle as my extraor- actment date. I served with him when I first came to dinary scheduler. McConnell amendment No. 5142 (the in- the Senate, he was launched again into As one of the very first staff mem- structions (amendment No. 5141) of the mo- space at age 76 or 77. He was the oldest bers I hired, Jesika has literally been tion to refer), of a perfecting nature. astronaut and went up into space and with me from my very first day, and I McConnell amendment No. 5143 (to amend- could not have asked for a better per- ment No. 5142), of a perfecting nature. came back safely. He always wanted to fly, whether it was his own beloved air- son for the job or one more willing and The PRESIDING OFFICER. The as- plane or whether it was a space cap- prepared to help me serve the people of sistant Democratic leader. sule. He loved flight, and he made his- Montana. REMEMBERING JOHN GLENN tory with his flights around the coun- Jesika played a critical role in set- Mr. DURBIN. Madam President, I try and, literally, around the Earth. ting up our House freshman office, wish to join in and echo the comments We should remember that he risked which is not an easy task, helping me of the Democratic leader, Senator his life, too, in airplanes for us. In to learn the ropes of where to go and REID, about the passing of John Glenn. World War II, he had some 59 combat sometimes where not to go. I was just in high school when he was missions in the Pacific, earning the Undoubtedly, there were times when the famous astronaut who risked his distinguished Flying Cross and many it felt like a thankless job, but I can life to prove that we could move for- other decorations. But that wasn’t the assure you that the countless meetings ward in the space program. It wasn’t end of his service. When the Korean scheduled, emails sent at all hours of just an achievement that came to war started, he volunteered again and the day and night, and gentle remind- science. It was an achievement Amer- flew 90 combat missions there. Inter- ers to wrap up a meeting did not go ica was hungry for. esting footnote: His wingman in those without notice or appreciation. Her love for and dedication to her We were so afraid, after launching Korean missions, at one point, was Ted family shines through everything she the Sputnik and two Russian cosmo- Williams, the famous baseball player nauts, that we were falling behind in does. It is this love and dedication that for the Boston Red Sox. has propelled Jesika and her husband the space race. All of the astronauts, His is such a storied career of what Zak to return to their native State of especially John Glenn, risked their John Glenn gave to America, including Washington. Knowing the joy this will lives to move us forward in the space restoring our faith in our own space bring Jesika and her family makes the program that ultimately landed a man program, risking his life to prove that bitter pill of losing her easier to swal- on the Moon. we can move forward into space, and I read this morning in the obituary low, but only slightly. serving the State of Ohio and the Na- There isn’t a member of my staff who columns about the risk that was at- tion as a Senator for four terms. He tendant to this launch after it was has not benefited somehow from was just an extraordinary man. Jesika, whether it is a reassuring word, scrubbed over and over because of me- We can’t mention John without men- chanical problems and weather and the a baked good, or sage advice that per- tioning Annie, his wife of 73 years. haps she lifted from Star Wars. Speak- fact that 40 percent of the time the ef- They literally shared the same playpen forts to use this rocket had failed. Yet ing of Star Wars, I would say that when they were little toddlers. They Jesika has the wisdom of Yoda, the John Glenn put his life on the line in grew up together in the same school. work ethic of Luke Skywalker, and the Friendship 7, in that tiny little capsule They got married at a very early age. class of Princess Leia. Because of her, that was only 7 feet across and was It was a love affair that went on for our staff is more than an odd assort- launched into space. He almost died on decades. The two of them were insepa- ment of public servants. We are a fam- the reentry when the tiles that were to rable. ily, and this Senate family will sorely protect him started failing and, as he I am honored to have served with miss the extraordinary Jesika Whittle. termed it, there was a fireball as he John Glenn. He truly did have the right Jesika, thank you for everything. came back into Earth. stuff, time and again, to make America Madam President, I yield the floor. He made it. He was greeted with a proud. The PRESIDING OFFICER. The Sen- hero’s welcome all across the United (The remarks of Mr. DURBIN per- ator from Vermont. States, and he addressed a joint session taining to the introduction of S. 3542 CUBA of Congress. That was the man I knew. are printed in today’s RECORD under Mr. LEAHY. Madam President, the He was also the man who then volun- ‘‘Statements on Introduced Bills and election of Donald Trump as our next teered to come to Springfield, IL, in Joint Resolutions.’’) President has ignited a rash of specula- 1982 and campaign for me when I ran Mr. DURBIN. Madam President, I tion about the future of U.S. policy to- for Congress. I was just awestruck that yield the floor. ward Cuba. this great man, this American hero and The PRESIDING OFFICER. The Sen- What we know is that the President- then a U.S. Senator, would take the ator from Montana. elect has said contradictory things time to come to my hometown and (The remarks of Mr. DAINES per- about President Obama’s decision to campaign for me. He did, and he was taining to the introduction of S. 3539 resume diplomatic relations with Cuba, beloved. A large crowd gathered, cheer- are printed in today’s RECORD under as he has about some other issues. ing him on, as they should have. I was ‘‘Statements on Introduced Bills and Among other things, he has tweeted just kind of background noise to the Joint Resolutions.’’) that he plans to reverse the Obama ad- real arrival of the real American hero— WRDA ministration’s regulatory changes re- John Glenn. Mr. DAINES. Madam President, laxing restrictions on U.S. engagement Many years later, when I was elected invasive mussels are wreaking havoc with Cuba unless the Cuban Govern- to the Senate, I was lucky enough to on our ecosystem in Montana. This is ment agrees to a ‘‘better deal.’’ serve with John Glenn for 2 years and negatively impacting our economy, in- Despite that, we don’t actually know be on his committee. He was the rank- cluding our recreation and tourism in- what he will do. I hope, before making ing Democrat, and Fred Thompson was dustries. a decision, he listens to advocates on the Republican chairman of that Ad- Watercraft inspection stations are both sides of the issue, including ministration Committee. one of the most effective ways to stop Cuban-Americans, a growing majority We held some very controversial the spread of these invasive species and of whom support the resumption of dip- hearings under Chairman Thompson. to protect neighboring and distant bod- lomatic relations. As someone who has

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.020 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6934 CONGRESSIONAL RECORD — SENATE December 9, 2016 traveled to Cuba many times and seen For 55 years we have tried the ap- but not to Cuba, which is only 90 miles firsthand the benefits of the policy of proach of isolating and pressuring Cuba away. One of my fellow Senators, a Re- engagement for both the Cuban people that is still advocated by a dwindling, publican Senator, who has traveled and the American people, I will do albeit passionate, minority in Con- often to Cuba, said: It is one thing if a whatever I can to encourage the Presi- gress. That approach has failed miser- Communist country tells me I cannot dent-elect to continue that policy. ably. The Castro family and their come to their country, but I don’t want The decision to resume diplomatic shrinking circle of aging revolution- my country telling me I can’t go there. relations has been enthusiastically aries are still in power. Cuba is still a Last year, more than half a million supported here and around the world. country where political dissent is not Americans visited Cuba. This year, the One of our closest allies in South tolerated. number is even higher. Even from my America—their Ambassador talked to No one who knows the Castro govern- little State of Vermont, so many peo- my wife Marcelle and me the day our ment expected the resumption of diplo- ple just drive a few miles to the airport flag went up for the first time in over matic relations to quickly result in an in Canada and fly down. These Mem- 50 years at our Embassy in Havana. end to oppression of free elections. bers of Congress want to turn back the He said: You know, our country has Those who label the policy of engage- clock and make it a crime for Ameri- always strongly supported the United ment a failure after just 2 years be- cans to travel to only one country in States. But we are also friends of Cuba, cause the Castro government continues the world—Cuba. If North Korea will and the relationship between the to persecute its opponents are either let you in, you can go there, but not to United States and Cuba was always naive or not to be taken seriously. Cuba. If you go to Egypt, which is like a stone in our shoe. Today, when Change in Cuba will happen incremen- cracking down on dissent, that is fine, your flag went up over your Embassy, tally, as it does in most countries. But but not to Cuba. I could go on and on. the stone came out of our shoe. I have no doubt that in a lot fewer than Fortunately, more Republicans and The number of Americans who travel 55 years, the Cuban people have a lot Democrats in both the House and Sen- ate support the right of Americans to to Cuba has risen dramatically in the more freedoms than they have had in travel freely to Cuba, the right of U.S. past two years. U.S. airline companies the past 55 years. and cruise ships are carrying pas- The record is indisputable. Bullying farmers to sell their products on credit sengers there. Hotel deals have been the Cuban Government and making to Cuban buyers, and the rights of signed. threats and ultimatums have achieved Cuban private entrepreneurs who are But the same 5 Members of Con- nothing in more than half a century. In already benefiting directly from the gress—3 in the Senate, 2 in the House, fact, it isolated the United States and new opening with the United States. They will benefit even more when the of the 535 Members of the House and damaged our own interests. the Senate—these 5 Members have Consider for a moment what it would U.S. embargo—a failed, self-defeating, steadfastly opposed the new opening mean if we did what these five Mem- vindictive policy if there ever was with Cuba. They continually say that bers of Congress advocate. Not only one—has finally ended. I have talked with the Cuban owners the only Cubans who have benefited would we have no Embassy in Cuba, of these private businesses. They say from the new opening are Raul Castro but to be consistent we would have to they are now able to make far more and the Cuban military. withdraw our Ambassadors and impose money than before because as things Of course the Cuban Government has a unilateral embargo against China, have opened up, as more Americans benefited. That is unavoidable. It hap- Vietnam, Russia, Ethiopia, and many travel there, these businesses have ex- pens in any country with state-owned other countries where human rights panded to meet the growing demand. enterprises with which we also have are routinely violated, where political Those who continue to defend the em- diplomatic and commercial relations. opponents and journalists and defend- bargo should listen to these people. I There are many like that. But it is ers of human rights are imprisoned and hope the President-elect will listen to false and misleading to say that they tortured, where there is no such thing them. alone have benefited. In fact, the as a fair trial, where civil society orga- The purpose of a policy of engage- Cuban people, particularly Cuban en- nizations are threatened and harassed, ment is to protect and defend the inter- trepreneurs, have benefited. So have and where dissent is severely punished. ests of the United States and the the American people, and they over- And when we withdraw, others will American people and to promote our whelmingly want this opening to con- happily fill the vacuum, as they have values and our products. Diplomatic re- tinue. in Cuba, which trades with countries lations is not a reward to a foreign gov- I have met many times with Cuban around the world, including with many ernment; it is what we do to protect Government officials. I have also met of our closest allies. In fact, I recall a our own interests. Do the isolationists with Cuban dissidents who have been meeting I had with the Ambassadors of think our Embassy in Russia is a re- persecuted and imprisoned. No one is a at least a dozen European and Asian ward to President Putin, or that hav- stronger defender of democracy and countries and with representatives of ing an Ambassador in Moscow some- human rights there than I am. I raised major companies from those countries. how conveys that we agree with Presi- the issue of dissidents being impris- They told me: We love your embargo. dent Putin’s corrupt and repressive oned, first face-to-face with Fidel Cas- Keep your embargo. Our companies can policies? Does anyone think that Rus- tro many years ago, and later with do business here and they don’t have to sia’s Embassy here in Washington is Raul Castro. Like President Obama, we compete with American businesses. somehow a reward to the United States all want the Cuban people to be able to Is that what these isolationist Mem- or to President Obama? Does anyone express themselves freely and to choose bers of Congress want, or are they just think the Cuban Government regards their own leaders in a free and fair concerned about human rights in Cuba? its Ambassador here as a reward to us? election. But I resent the assertions of Would they rather have Cubans buy The United States has interests in those who remain wedded to the old, rice grown in China or in Louisiana? every country, even if it is just to failed policy that to favor diplomatic Would they rather have Cubans buy stand up for the rights of Americans relations is a form of appeasement to milk from New Zealand as they do now who travel and study or work overseas. the Castro government. or from the United States? Would they But there are many other reasons, such I am as outraged as anyone when Cu- prefer that China and Russia build as promoting trade and investment, bans who peacefully advocate for ports and airports in Cuba while we protecting national security, law en- human rights and democracy are har- lower the flag at our Embassy, pound forcement cooperation, and stopping assed, threatened, arrested, and our chest, and demand the Cuban Gov- the spread of contagious diseases. abused, just as I am when such viola- ernment to relinquish power? That ar- These are all in the interest of the tions of human rights occur in other gument is as illogical as it is incon- United States but they are far harder countries, including countries by gov- sistent. to pursue without diplomatic relations. ernments whose armed forces and po- For 55 years, Americans have been We either believe in the benefits of lice annually receive hundreds of mil- free to travel anywhere—Iran, Russia, diplomacy or we don’t. We either em- lions of dollars in U.S. aid. Vietnam, any country in the world— power our diplomats or we don’t. Cuba,

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.004 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6935 after a year of difficult negotiations, each other’s shoulders, and they just today, but I will start with a very im- agreed to reopen embassies. Americans played a game together. You don’t portant letter that was sent to Presi- are traveling to Cuba in record num- have to see their faces or which T-shirt dent-Elect Trump by members and bers, including representatives of says ‘‘United States’’ and which one friends of the Senate Ukraine Caucus. American companies, chambers of com- says ‘‘Cuba.’’ You know it is one of We had 27 Senators, including me, merce, and State and local government each, and they are together because of come together to advocate and make officials. Our two governments have their shared love of the game. clear that we wanted to continue the signed new agreements paving the way I think of the times during the worst strong United States-Ukrainian rela- for cooperation on a wide range of part of the Cold War, and I have gone tionship that our two countries have issues, from the resumption of regular to countries behind what we then enjoyed for many years and to convey postal and commercial airline service, called the Iron Curtain. I would be our support for Ukraine and ask the to cooperation on law enforcement and talking to Foreign Ministers, Defense President-elect and the new adminis- search-and-rescue. Ministers, people in key positions, and tration to support our ally Ukraine and I urge Members of Congress to get they would say ‘‘My niece went to help it secure a peaceful and demo- briefed on the many ways our countries Stanford’’ or ‘‘My son is studying at cratic future. are cooperating, to our benefit. It the University of Kentucky,’’ and some Almost 3 years after Russia’s illegal might be an eye-opener. would tell me about my own alma annexation of Crimea and military ag- I understand this is an emotional mater, Georgetown. gression in eastern Ukraine, daily issue for some Cuban-American fami- These were openings that everybody cease-fires along the line of contact lies, including some who are Members from our diplomatic corps to our intel- make a mockery of the Minsk agree- of Congress. I have met with a number ligence community would tell me were ment and demonstrate that this con- of these families. But I have also met very important because they would flict in the heart of Europe is far from with many who have gone to Cuba even learn about us, and, just as impor- over. Russia has yet to withdraw its though their property was confiscated tantly, we would learn about them. heavy weapons. It continues to engage by the Cuban government, even though So I urge President-Elect Trump to in sabotage. It has not halted its they thought they would never go carefully weigh the pros and cons of disinformation war against Ukraine back, but now they can go and visit old this issue. I believe that if he follows and the West nor stopped the economic friends, and they have changed their his instincts, if he listens to Cuban pri- and political pressure aimed at under- views. vate entrepreneurs, he, too, will con- mining the Ukrainian Government. In fact, after 55 years, survey after clude that it makes no sense to return I was in Ukraine last year, and I saw survey, poll after poll shows that most to a failed policy of isolation. That pol- firsthand the struggles that their gov- Cuban-Americans support the new policy has been used by the Castros as an ernment is having. They have their icy of engagement. They want the excuse to justify their grip on power own internal issues with corruption United States to have an embassy in and their failed economic policies, it and the like, but they are trying to Havana. They are not saying they has divided the Cuban and American make for a better country, and that is agree with the Cuban government, but people, and no other country in this very difficult when you have an outside they are saying they want the United hemisphere supports it. nation that is engaged in the kind of States to have an embassy in Havana. As that Ambassador said to Marcelle combat that we see from Russia and There is a time for family politics, and me: When your flag went up, the these kinds of interventions. According and there is a time for what is in the stone came out of our shoe. to conservative estimates from the best interest of the Nation as a whole, The Cuban and American people United Nations, approximately 10,000 all 50 States. Diplomatic relations share much in common—our history, people have been killed, over 20,000 serve the national interest. our cultures, our families, our ideals, wounded, and more than 2 million in- I urge these Members of Congress to our hopes for the future. We are neigh- ternally displaced since the conflict put what is in the interest of the Amer- bors. Our economies are increasingly began. ican people above their personal inter- intertwined. We should no longer be We said in our letter—27 Senators, est. Listen to the overwhelming major- isolated from one another. Republicans and Democrats, led by ity of the Cuban and American people. As the Castro era ends, our policy Senators DURBIN and PORTMAN—that They want the policy of engagement to today is focused on the next generation Russia has launched a military continue because they believe it is the of Cuban entrepreneurs, activists, stu- landgrab in Ukraine that is unprece- best hope for a free and prosperous dents, and leaders. They are Cuba’s fu- dented in modern European history, Cuba. ture. We should endeavor to engage and we asked the President-elect to Marcelle and I had a delightful time with them in every way we can. I met work with us on this very important in Vermont a few months ago when we with some of them, as did a bipartisan matter so that we may help the went and cheered on a group of Little group of House and Senate Members, Ukrainian people secure their democ- Leaguers from all over our State. They earlier this week. They are bright, mo- racy. were going to Cuba to play with Little tivated young people. They are start- My State has a very strong tradition Leaguers in Cuba. Marcelle and I gave ing their own businesses. What a re- of Ukrainians. I actually live only a them an American flag that had been freshing attitude they have toward life. few miles from the Ukrainian center in flown over the U.S. Capitol. Those kids Will everything change overnight? No. our State. We have a long tradition of were grinning from ear to ear while But Cuba is changing. opening our arms to people from every holding it, and they sent me pictures of I want to yield the floor, but before I corner of the globe. The people in my them flying the American flag on the do, I will say that I will speak on this own city and State are concerned baseball fields in Cuba where they were many more times. I think our relation- about the situation in Ukraine. There playing ball and being photographed, ship with Cuba is important not only are a lot of people worried about what the Cuban teams with their flag and for the United States but for the whole is going on, especially with the new ad- the Vermont team with ours. Only a hemisphere. The stone has come out of ministration coming in, so I think a few years ago that would not have hap- the shoe; let’s not put it back in. Let’s strong statement, followed, of course, pened—the U.S. flag flying in Cuba work to help the Cuban people—not the by actions from the President-elect with the Cuban people cheering. Cuban Government but the Cuban peo- would be very helpful. One of the photographs I remember ple. By helping the Cuban people, we I have to mention one Ukrainian the most from that trip was taken by a help ourselves. place that I adore, Kramarczuk, which member of my office, Lisa Brighenti. With that, I yield the floor. is in my neighborhood. I actually held The picture was from the back, and one The PRESIDING OFFICER. The Sen- my first election celebration there team wore red T-shirts and the other ator from Minnesota. when I was running for county attor- wore blue. There they were—so much UKRAINE ney. Of course, it didn’t end because we like you see with Little Leaguers— Ms. KLOBUCHAR. Madam President, had to go into the next morning. The walking off the field, their arms around I have several topics to talk about vote was a little close. We didn’t know

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.005 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6936 CONGRESSIONAL RECORD — SENATE December 9, 2016 the result until maybe noon, but that The third thing in the bill that Senator REID didn’t give new Mem- evening we were at Kramarczuk. They maybe hasn’t gotten as much attention bers the opportunity to lead just on big have a mural that is literally almost is the Anna Westin Act. The Presiding bills. When a little girl in Minnesota the size of the entire backdrop from Officer and I worked on that bill to- named Abbey Taylor was maimed while door to door in the U.S. Senate, and it gether along with Senator AYOTTE and swimming in a pool with a defective is a mural they have proudly hung of Senator BALDWIN—four women leading drain, Leader REID stood by my side the Statue of Liberty. That mural is the bill, and we got it done. That bill and helped me work with Republicans there because the Kramarczuk family has been kicking around for over a dec- to get a bill passed in honor of Abbey’s has always believed in a country that ade. It is a bill that actually came out memory and final wish. brought them in as immigrants and of Anna Westin’s untimely death. She I met this little girl in the hospital. refugees. was a young girl who struggled with an She went on to live for a year. She had I am proud to represent that commu- eating disorder and eventually died due been swimming in a kiddie pool when nity and join the other 26 Senators in to the circumstances related to her her intestines were pulled out by a de- asking the President-elect to continue eating disorder. Her mother, Kitty fective drain due to the way it was in- to support Ukrainians here at home Westin, has carried her torch. She first stalled. but, most importantly, the sovereignty gave it to Paul Wellstone, her Senator. Her parents never gave up. Scott of the country of Ukraine and their Paul died way too young in that tragic Taylor, her dad, called me every single democratic values. plane crash, and then it was passed on week to see what was happening with CURES BILL to Senator Harkin of Iowa. I was on the the bill. Honestly, again, the bill was Next, I will turn to another issue bill with him, and when Senator Har- moving around and hadn’t had any ac- that is of key importance to this body, kin left, I took the bill over and was tion for years. Ted Stevens, who at the and that is the passage of the CURES able to reach across the aisle and get time was a Senator from Alaska, Act, which I know the President is the support of the Presiding Officer, helped me. In the end, it was Senator going to sign into law. We are very ex- Senator CAPITO, as well as Senator REID, working with others, including cited about that bill. There are several AYOTTE and then Senator BALDWIN. Senator Lott, and we were able to get things in that bill that the Presiding This bill builds on the Wellstone- that bill on another bill, and we were Officer and I have both worked on. The Domenici Mental Health Parity and able to pass it. bill includes opioid funding. Both of Addiction Equity Act to clarify that To this day my proudest moment in our States, West Virginia and Min- insurance companies must cover resi- the U.S. Senate was calling Scott Tay- nesota, have seen way too many deaths dential treatment for eating disorders lor and telling him that bill had and lives lost early, way too many peo- the same way they cover treatment for passed, and then last year hearing from ple experiencing an overdose without other mental and physical illnesses. the head of the Consumer Product the help they need for treatment. Over 30 million Americans struggle Safety Commission in the Commerce The bill authorizes $1 billion, $500 with eating disorders, including over million a year, to help the many fami- Committee that not one child has died 200,000 people in my State. It is actu- lies struggling with prescription drug because of a defective drain since that ally the leading cause of death from bill passed. That bill, by the way, was addiction. Senators WHITEHOUSE, mental illness. People don’t realize named after James Baker’s grand- PORTMAN, AYOTTE, and I actually authored the original bill, the CARA bill, that, but obviously anorexia is a very daughter, who had also perished in a which set the national framework for dangerous disease, as are other eating pool incident. That is an example. I dealing with opioid addiction. It didn’t disorders. That one bill has a lot, but don’t think it would have happened if just include authorizing money for we know there is more work to do on HARRY REID hadn’t been one of our treatment; it also included some foun- prescription drugs. leaders. I see Senator GRASSLEY here. He and dation steps for doing a better job of Another example is when we were exchanging information among physi- I have worked very hard on what is trying to build a bridge to Wisconsin, cians in terms of who is getting called the pay-for-delay bill, which Senator JOHNSON and I were working opioids. I remember one guy I met—a would tell the big pharmaceutical com- on that issue along with House Rep- rehab guy up in Moorhead, MN—who panies that they cannot pay the ge- resentative Bachmann, Representative had a patient that had gotten opioid neric companies to keep their products DUFFY, and Senator FRANKEN, and we prescriptions from 85 different doctors off the market. That literally elimi- had to get everyone signed off on an ex- and medical providers in Minnesota, nates competition, and, from the esti- emption to the Scenic Rivers Act. It North Dakota, South Dakota, and Wis- mates we have gotten, it would save was a Saturday, and no one was left in consin. As a State with many States on billions of dollars over years. We think the Senate except two or three Mem- its borders, we see this going on all the that is a really, really, really impor- bers, and I had one Member I couldn’t time. tant bill and something we would like reach who had gotten on a plane, but I have built on that with a bill I in- to get done. we thought we could still reach him so troduced for a national prescription I have worked with Senator MCCAIN I could get the last signoff to get the drug monitoring program that I think on legislation that focuses on bringing bill done. HARRY REID had just found is very important. Senator CORNYN and in less expensive drugs from Canada, as out his wife had breast cancer and was I did the original bill on a drug take- well as a bill I have to allow for nego- waiting at home, but he wouldn’t go back program to make it easier to get tiations of prices under Medicare Part home. He insisted on presiding for me. drugs out of medicine cabinets. The D. The leader of the Senate sat in the Pre- CARA bill actually built on that, but TRIBUTES TO DEPARTING SENATORS siding Officer’s chair so I could be back what was missing from the CARA bill, Madam President, I will close my rein the Republican cloakroom trying to because it was an authorization bill, marks by turning to some of our retir- reach the Senator. That happened. was the funding. This effort at the end ing Senators and speaking briefly on We didn’t get the bill done that day, contained in the CURES Act is going each one of them. but the minute we got back in Janu- to be very important in the form of HARRY REID ary, Senator REID worked with Senator grants to our States to get the money We had a beautiful portrait unveiling MCCONNELL, and we were able to get out there. for Leader REID yesterday. He has been that on the agenda and get that exemp- Second is the research money. Nearly a leader who takes all ideas into con- tion. That bridge is going up as we $5 billion will go to NIH to help them sideration, even those of newer Mem- speak. It is a massive bridge that had look for a cure for horrific diseases like bers. to be built because the other bridge cancer and Alzheimer’s. That money In January of 2007, I began working was so bad it closed down all the time. will be critical. We are doing on ethics reform, and, in fact, I asked People would literally cross their fin- groundbreaking work in Minnesota at him if that would be an important pri- gers when they went over it. That is the Mayo Clinic and also at the Univer- ority when he took over as leader. It Senator REID. sity of Minnesota, which will be key to was S. 1, and one of the first bills we A lot has happened since he first finding a cure to these diseases. passed. came to work in Congress as a police

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.007 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6937 officer in the halls of the Capitol. But when she worked across the aisle. I saw tions with little thought about damage one thing has stayed the same about firsthand how she was able to work to American jobs. The Obama adminis- Leader REID—the true spirit of him. It with Senator INHOFE on the transpor- tration has repeatedly stretched its au- is the considerate leader who will sit tation bill and then later with Senator thority beyond limits set by Congress up at the presiding desk just to help a MCCONNELL on the last transportation in law. It has twisted the same laws freshman pass a bill that is important bill. and even the Constitution itself to jus- to her and her constituents. It is the She is someone who has credibility tify this Executive overreach. Despite kind of person who takes the time to on our side of the aisle. When she says early promises of transparency, it has talk to a little boy with leukemia and she is willing to make a compromise kept the American people and the Con- show him his favorite pictures right in with the Republicans, people listen. gress in the dark about many of its the middle of the budget debate. That She never gave up. She would have din- most significant decisions. happened to me with a kid I brought in ners at Italian restaurants. She would Americans are right, then, to be frus- his office from Minnesota. It is the find ways, in kind of a mom’s way, to trated with what they see as more un- humble Senator who never forgets that get everyone together. She passed some necessary burdens and unchecked he came from Searchlight, NV, and al- really incredible legislation, including abuses being handed down by an out-of- ways serves with his home in mind. water infrastructure legislation with reach bureaucracy. In November, they Thank you, Senator REID, for your Senator VITTER over the last few years. made their voices heard. So now we are service. You will be missed. That is what she has done. I can’t going to have a new President on Janu- BARBARA MIKULSKI think of anyone whom we are going to ary 20. President-Elect Trump has said So there are two other Senators who miss more in terms of that presence that he intends to roll back the mess of are retiring this week, and one of them and that kind of hardscrabble advo- harmful regulations and Executive is Senator BARBARA MIKULSKI. She has cacy, which is always coupled with the power grabs of the last 8 years. been, as the Presiding Officer knows, pragmatic way of getting important He is certainly going to have his the dean of the women in the Senate bills done. So we are going to miss Sen- hands full, as we all know. But there is for a very, very long time. She is the ator REID, Senator MIKULSKI, and, also, plenty that we can do to begin the queen of one-liners, and one of my fa- Senator BOXER. process on January 20. President vorite ones is one she uses when she KELLY AYOTTE Obama’s tenure has brought about an talks about women elected officials. I would also like to add that, of the unprecedented expansion of the regu- She always says: We see things not just Republican Senators who are leaving, I latory state. By some estimates, bu- at the macro level but at the macaroni- have enjoyed a very strong working re- reaucratic redtape now places a $2 tril- and-cheese level. lationship with Senator AYOTTE. She lion burden on the Nation’s economy. After a few years when I had been in and I have worked together on opioids. You know who pays for that? The the Senate, she called us into the We have worked together a lot on the American people do. President’s Room—a number of the issue of the eating disorder bill. I am I don’t doubt that there are some women Senators—to gear up for a de- glad that in her final weeks in the Sen- good intentions behind every new rule. bate that mattered to the women of ate, we have been able to pass that im- But the notion that so-called experts in this country. She, literally—being portant legislation that embraced so Washington, DC, need to regulate every short, as she is—stood on the couch in many of her priorities. aspect of our lives does not make much that room and said: Gear up. Square sense to many of the Iowans I talk to. DAN COATS your shoulders. Put your lipstick on. They are hoping that a President Get ready for the revolution. I also worked at length with Senator Trump will bring common sense to Now, at the time, I was not even sure COATS. We both serve on the Joint Eco- Washington, DC. what the revolution was. I was think- nomic Committee. He has shown great Take, for example, the Environ- ing all the time that she had probably leadership there, and also, again, an mental Protection Agency’s waters of used that line for maybe much ability to work across the aisle. He be- the United States rule. It is often re- weightier things. But that is her life. lieves strongly in civility and in get- ferred to by acronym WOTUS. This She is an advocate. She is a leader. She ting to know your fellow Senators. We rule seeks to expand what the govern- is someone who has championed the are going to miss him dearly for his ment can regulate under the Clean women of the Senate and all women in pleasant way and his ability to cross Water Act. Congress intentionally lim- elected office. She is the one who was over the aisle and work together. I also ited EPA’s reach under the law to what here first, of her own making. She is want to thank him for the work he did is termed navigable waterways. But not someone who took over a seat after on an adoption bill that we worked on the WOTUS rule would subject 97 per- a husband or father had died. She ran, together. cent of the land in my State of Iowa to and she ran on her own merit, and she There are many other Senators EPA bureaucratic burdens. leaves on her own merit. She leaves on whom we wish well to. There is Sen- I assume it does the same in several the merit of passing incredibly impor- ator KIRK and the work he has done on other States. But I have only checked tant bills for Maryland, incredibly im- the Great Lakes priorities. We have on Iowa. So 97 percent of the land to be portant legislation for this country. I worked on that together, as well as all regulated by the EPA bureaucracy is will miss her as a mentor, and we will of his leadership in the area of inter- just an impossible situation. Think always miss her dearly. national relations. about that. Every homeowner, every BARBARA BOXER Madam President, I see that the Sen- contractor, and every farmer would Finally, there is Senator BARBARA ator from Iowa, Mr. GRASSLEY, is here. need to seek a Federal permit for BOXER, who joined the Senate in 1993. I yield the floor. projects requiring the simple task of When I got to the Senate, I was on the The PRESIDING OFFICER. The Sen- moving dirt, even if it is nowhere near Environment Committee. She was the ator from Iowa. an actual body of water. That, of new chair. I got to see firsthand her ad- EXECUTIVE ACTIONS course, means more paperwork, more vocacy—her advocacy on climate Mr. GRASSLEY. Madam President, time wasted, and, of course, more change, her advocacy on transpor- for the last 8 years, we have seen Presi- money spent to get Federal permits for tation and waterway infrastructure— dent Obama’s administration take ac- activities that this Congress never in- and the way she would just never give tion after action and do it without re- tended the Federal Government to reg- up when she decided something was gard for concerns expressed by the ulate. right for her State and right for the American people or their elected rep- A bipartisan majority of both Houses country. resentatives in Congress, which of Congress has voiced its disapproval But the one thing is that everyone amount to a great deal of unconstitu- of the WOTUS rule, and a Federal ap- talks about BARBARA BOXER’s fiery ad- tional or at least contrary-to-statute peals court has placed a nationwide vocacy and her incredible humor and Executive overreach. stay on its implementation. Yet I con- tenacity. Sometimes, I think people The Obama administration used Ex- tinue to hear concerns, regardless of forget how productive she has been ecutive fiat to push sweeping regula- the court case, that some in the EPA

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.009 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6938 CONGRESSIONAL RECORD — SENATE December 9, 2016 are going to move forward with the Unfortunately, this isn’t the only brave employees often face retaliation rule’s implementation, causing unnec- legal opinion the Obama administra- from their own ranks. So I am going to essary fear and confusion among farm- tion has used to avoid scrutiny of its suggest that if President Trump is ers and landowners. actions. The Justice Department also going to be very serious about fixing So on day one, President Trump brewed up a ludicrous legal opinion to the Federal bureaucracy, he should em- should direct his administration to block government watchdogs from ac- power these patriotic citizens to help stop defending the WOTUS rule in the cessing Federal records needed in the us identify fraud, abuse, and mis- Federal courts where it is now held up. course of congressional oversight. If conduct so that we can get this govern- He should also direct his EPA to imme- this year has taught us anything, it is ment working again. diately stop implementing or enforcing that the government needs more over- I will propose to the President-elect, the rule while the Agency begins the sight, not less. when I get a chance to talk to him, rulemaking process to take it off the It is unbelievable that a handful of something I have proposed to every books once and for all. It is not just of- unelected bureaucrats would try to President since Reagan. And no Presi- ficial regulations that have sparked defy the Congress and the people it rep- dent, of course, has done this, and concern over the last 8 years, the resents by ignoring that law. Unfortu- maybe it is ridiculous for me to think Obama administration has also used nately, it hasn’t stopped with the case President Trump will do it, but he is Executive actions, agency guidance I just cited. coming to Washington to shake things documents, and legal interpretations The Obama administration prac- up. I will suggest to him, to empower to push its agenda, leaving Congress tically treats a congressional subpoena whistleblowers, who know there is and the American people in the dark. as if it were a freedom of information fraud and who are patriotic people who Often this has been done with dis- request rather than a constitutionally want fraud corrected, that he hold a turbing results. In 2014, the Obama ad- mandated inquiry from a coequal Rose Garden ceremony honoring whis- ministration acted unilaterally to re- branch of government. This very issue tleblowers, and maybe do it once a year lease five senior-level Taliban com- is now being debated in the courts. so that they know that the tone from manders who were being held at Guan- But it is not just Congress that can’t the top—that the new Commander in tanamo Bay in exchange for SGT Bowe get information; the press and private Chief has the backs of these patriotic Bergdahl. Now, that is contrary to law. citizens have had their freedom of in- soldiers for good government whom we Despite the requirements of law, the formation requests regularly met with call whistleblowers. administration never notified Con- very long delays, if they get any re- Of course, what I have gone through gress, as the law requires, prior to this sponse at all. You know it is bad when in these remarks as I finish is far from prisoner’s transfer. The law required the New York Times calls this White an exhaustive list, but the common the administration to provide Congress House the most secretive in more than thread in all of this is that the Obama with a detailed statement of the basis two decades. administration frequently failed to for the release, an explanation for why President Trump should take steps to take care that the laws be faithfully it is in our national security interests, reverse this trend of more secrecy in executed as required by our Constitu- and a plan to prevent the prisoners government because more trans- tion. When that doesn’t happen and from returning to the battlefield. parency in government will bring more Congress lets a President get away Instead, Congress heard only crick- accountability. On day one, he should with it, then we are not upholding our ets. The administration provided no direct his agency heads to cooperate oath to the Constitution, which basi- notice to the Congress, no legal jus- with congressional inquiries, inspector cally says that Congress passes the law tification for the release, and no plan general investigations, and FOIA re- and they ought to be a check on the ex- to prevent these Taliban commanders quests, and he should empower govern- ecutive branch to see that the laws are from reentering a fight that has al- ment whistleblowers. faithfully executed. The person coming ready spilled so much blood of Amer- Whistleblowers expose facts about to town to drain the swamp—a person ica’s sons and daughters. wrongdoing and incompetence inside by the name of Trump—should One reporter said the Taliban has the vast Federal bureaucracy, often at prioritize these failures and begin to been more transparent about this ex- risk of their own career and their own restore the executive branch to its change than the Obama administra- reputations and, in some cases, I found proper place in government consistent tion. Even the nonpartisan Govern- out, even their health. with the checks and balances outlined ment Accountability Office later con- Without whistleblowers, Americans in our Constitution. These actions will cluded that the administration acted would be none the wiser that, for in- help the new President make good on illegally. Well, it is pretty clear. The stance, the Justice Department walked his pledge to fix the Federal bureauc- law says that you have to give Con- guns that put law enforcement agents racy and do what he said last night on gress 30 days’ notice. They didn’t give in jeopardy—that is the Fast and Furi- television in Des Moines, IA—put any notice. ous investigation I did—or that the Americans first. There were and still are, then, seri- EB–5 investor visa program is riddled Madam President, I yield the floor. ous questions about whether releasing with fraud, or that agencies spend tens The PRESIDING OFFICER. The Sen- these detainees from Guantanamo was of millions of taxpayer dollars every ator from North Dakota. a good idea, even to the extent to year to pay employees under investiga- Ms. HEITKAMP. Madam President, which the law was violated. So I asked tion for misconduct who simply sit at before I begin my remarks on why I this administration to disclose the home on paid leave. Information pro- came down to the floor today, I would legal advice that the Department of vided by whistleblowers under the Se- like to join with my colleague from Justice apparently provided that justi- curities and Exchange Commission Iowa in saying it is a very good idea to fied its failure to notify Congress in a Whistleblower Program has brought in have a Rose Garden ceremony talking timely way—in other words, a jus- more than $584 million in financial about whistleblowers, supporting peo- tification for ignoring the law. sanctions. The Internal Revenue Serv- ple who want to do the right thing in But the Department of Justice re- ice has collected more than $3 billion the bureaucracy, and I am willing to fused to do that. The public deserves a in tax revenues since 2007 thanks to work with him in any way that is ap- full and transparent accounting of why whistleblowers under a piece of legisla- propriate to talk about what we need the administration believed it could tion I got passed in 2006, I believe it to do to make sure that whistleblowers disregard the law. On day one, then, was. in our bureaucracy have the protection President Trump should order the Jus- Since I pushed to empower and pro- and the appreciation. There are many tice Department to produce any legal tect whistleblowers under the False great people in government who see advice that it concocted to excuse the Claims Act way back in 1986, the Fed- things every day. We spend a lot of Obama administration from its obliga- eral Government has recovered more time in our Subcommittee on Home- tion to notify Congress of this decision than $48 billion in taxpayers’ money land Security talking about what we 30 days before the release, because that lost to fraud. That simple, quantifiable can do to get those good ideas from the is what the law says. information is a good deal. But these bureaucracy, those good ideas from

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.011 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6939 folks who actually work in the govern- I made the point that there is a coal Ex-Im Bank. We started basically shut- ment percolated up to the Congress and miner on the flag in West Virginia but ting down the Ex-Im to any new credit implemented. So I applaud the work he there is also a farmer on the flag in by not reauthorizing it. Guess what. has done on whistleblowers. West Virginia. That farmer, for me, We got it reauthorized by huge majori- Senator GRASSLEY, I look forward to represents the people who I know built ties, a huge majority in the Senate and having another conversation about the country in my State. We don’t have over 70 percent in the House. what we can do to put America first by coal miners who went underground, but Victory, right? Well, guess what. We making sure our public employees have we have a lot of coal miners who helped cannot make any deal over $10 million an opportunity to feel pride in what build our region. This is a moment at the Ex-Im Bank unless we have a they do every day, knowing that they where we can say to people who go to quorum. We have singlehandedly seen are working for a cause in the most ef- work every day, people who believe and this body hold up the quorum at the ficient, effective manner for the Amer- built this country, whose ancestors Ex-Im Bank. People want to say this is ican people. I applaud your work. built this country, that they are going simply about: Well, why do you want COAL MINERS’ HEALTH CARE AND PENSIONS AND to get what they earned—not what to bail out or help out GE? Why do you THE EX-IM BANK they deserve but what they earned. stand for Caterpillar? Why do you Madam President, I want to talk a When you look at many of the miners stand for Westinghouse? Why do you little bit about this past election. in these communities, there isn’t a lot stand for Boeing? Those are the big There has been a lot of Monday night of economic opportunity and there benefactors. quarterbacking about what happened. I aren’t a lot of other jobs available. That is an argument that so mis- guess you can’t say that anymore now They risked their health, but they took understands what happens in America. that they play football on Monday that risk knowing they were going to To give you an example, Boeing has 16 nights, but there has been a lot of get something in return: financial sta- suppliers just in North Dakota. Boeing, backseat driving over what happened. with the ability to sell airplanes across For this Senator, the message of this bility for their families. Suddenly, the country and across the world, election could not be clearer that peo- they are told that all they bargained means we get good jobs in North Da- ple who go to work every day—particu- for and all they agreed to is gone. kota, good jobs we will lose out on. larly those people who shower when There is something wrong with that. I have said it once, I have said it they come home at night or come home There is something wrong when we many times. I don’t stand here and cry in the morning if they are working don’t learn the lessons of the last elec- for the CEOs of GE or Boeing. That is shift—feel like we left them behind. tion. not whom I am standing for. I am They feel like things happened to them The other reason I react personally standing here begging this body to ba- that are unexplainable to them even to this is I see the string that goes sically get the Ex-Im Bank approved though they are working as hard as back to what is happening with Central once again. I will tell you why—be- they can. They think that the govern- States Pension Fund in my State. My cause $20 billion or $30 billion of deals ment and the people in Washington, good friend from Minnesota has joined are waiting for us to get a quorum. DC, aren’t working for them and they with me in many of the efforts that we are getting left behind. had on Central States to hear the sto- What does that mean? That $20 billion Now there is an important oppor- ries of people who worked hard at a supports over 116,000 jobs in America. If tunity to work in a bipartisan way to time when people were lifting packages those CEOs are forced, by a lack of ex- learn the lessons of this past election and delivering goods with much heav- port credit assistance, if they are and to stand up and fight for American ier weight requirements than we have forced to take those jobs overseas— workers, to listen to American workers today. They talk about the surgeries which they already have, thousands and hear about the challenges they they had, the hip replacements and have already left this country—that have and to respond to those chal- knee replacements, and they talk means workers in this country don’t lenges, especially when those chal- about why they did it—to put food on get those jobs. Once again, people say: lenges clearly represent injustice. the table for their families. Will all of Well, what kind of government subsidy Every person in America being told that go away because of an irrespon- is this? these stories would say that shouldn’t sible financial sector that destroyed In the face of the reality that the Ex- happen. There is no clearer indication this economy and made it virtually im- Im Bank actually returns dollars to of a ‘‘that shouldn’t happen’’ story possible for these pension funds to cash the Treasury of this country, we are today than in the dialogue and debate flow? going to shut down the Ex-Im Bank in Washington, DC, and what is hap- I think it is time that we stand up for and continue to keep it hobbled to the pening to the coal miners in this coun- these workers. I think it is time that point where it cannot do its job, it can- try. we take the right fight. not allow our manufacturing interests Last night, I stood with 20 to 30 coal I came to the floor and listened as to be competitive. miners from the Presiding Officer’s Presiding Officer when we were in the As we leave this Congress and we State. These are good people who work majority, and I wish I had a dollar for open up the opportunity for further hard—and I know the Presiding Officer every time someone talked about the dialogue, I hope all the rhetoric we has been fighting for them as well— American people and the American have heard over and over again about who simply want what they have worker and what they were going to do American jobs, American workers, and earned. They simply want the oppor- for them. We now have an opportunity about American opportunity—I hope tunity to take care of their families to do a lot. We have an opportunity not we live up to that rhetoric. I hope we and the people in their communities. only to give the people who earned fi- take the steps we need to take to guar- You know, it was pretty cold out when nancial security the financial security antee that American workers come we were standing out there. A number they earned, but we have an oppor- first whenever we set our policies. of the reporters were giving me a hard tunity to make sure we have good There is no better place to address time because, being from North Da- American jobs. these pension concerns, there is no bet- kota, everybody assumes it is always 20 There is another provision that got ter place than the ‘‘Buy American’’ below zero there, even in July, and I left behind despite a lot of people who provisions, and there certainly is no had some choice words. I said: You support it, and that is the ‘‘Buy Amer- easier way to get an immediate result know, we were only out there for about ican’’ provision, which is in the WRDA than to get the Ex-Im Bank up and 20 minutes in the cold, but if we leave bill. The ‘‘Buy American’’ provision running. It is a tragedy that we are so here without a clear message, without has broad-based support throughout unwilling to do this, not because it an opportunity for those miners to this country, but yet when we get into doesn’t make huge common sense but know not only that we care but know the Halls of Congress, we cannot nego- because it doesn’t fit in with an ideo- that we are making their concerns a tiate and get it done. logical position that was taken by the top priority, then they will be left out Finally, I wish to talk about some- hard right against the vast majority of in the cold for a lot longer than 20 min- thing on the floor that I have spent a American interests and certainly the utes by this Congress. lot of time talking about; that is, the majority of people in this body.

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.013 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6940 CONGRESSIONAL RECORD — SENATE December 9, 2016 With that, I turn to my colleague My grandpa worked most of his life lican candidate we are asking the Sen- from the great State of Minnesota for underground in the mines in Ely, MN. ate to confirm, but it is 333 days and her comments. He had to quit school when he was in counting since he has been nominated. The PRESIDING OFFICER. The Sen- sixth grade because his parents were In 2015, I remember bringing together ator from Minnesota. sick and he was the oldest boy of nine a group of small businesses from all Ms. KLOBUCHAR. Madam President, kids. He went to work pulling a wagon. over the country to talk about the im- I stand here today with two incredibly When he was old enough as a teenager, portance of the Ex-Im Bank, to hear strong women, Senator HEITKAMP of he went to work in those iron ore their stories of how they are going to North Dakota and Senator SHAHEEN of mines. In sixth grade he quit school. He go under if they are not allowed to con- New Hampshire—and of course the Pre- had dreamed of a career in the Navy. tinue their financing. Mostly, at a time siding Officer as well from the great Instead, every single day he went down when we are dealing with the winds of State of West Virginia. I think we all in a cage 1,500 feet underground with a global competition being blown at us approach our jobs with a certain prag- little black lunch pail that my grand- every single day, to be at such a dis- matism about what matters. It is not ma packed for him every single day. advantage to other developed nations about what is left or what is right, it is His youngest sister had to go to an or- that have Ex-Im-type banks, that have about what is right for the people of phanage, and he promised we would go financing authority—and it is not just this country. The two issues the Sen- and get her. In a year and a half after China that is going to eat our lunch ator from North Dakota has raised are he got the job and married my grand- unless we can help businesses get over both incredibly important for these ma, he went back, got his little sister $10 million in financing. They must be workers. When people have felt nickel- Hannah, brought her back and raised laughing at us over there. There are and-dimed and pushed down by the sys- her. That is our family story. It is a about 85 credit export agencies in over tem, they can’t always put a bill num- mining story. 60 other countries, including all major ber on what that means. They can al- I always think about what he exporting countries. Why would we ways put a number on how things have thought when he went down in that want to make it harder for our own changed and why they feel like, hey, cage every day—that career in the companies to create jobs here at home my cable bill is eating me up or, hey, I Navy, or out in the woods where he and then allow these other countries to can’t get a mortgage or I can’t send my loved to hunt. Instead, he did that job. have financing agencies that compete kid to college, but we know that is He did that job for his family, his two with us. That is exactly what is going happening now. We in this Chamber kids, and then the rest of his brothers on right now. The Ex-Im Bank has sup- know what is going on. and sisters because he knew if he ported $17 billion in exports. Those are The two things the Senator from worked hard, he would be able to sup- American jobs, 17 billion. It has a cap North Dakota mentioned are both port them because there would be a of $135 billion. That sounds like a lot, things we could do for the people of pension, because there would be health but an article in the Financial Times America. The first is to stand with the care, because he wouldn’t die—like his showed that the China Development coal miners of West Virginia, promises own father—leaving behind kids, with Bank and the Export-Import Bank of made should be promises kept. It was the oldest one being 21 years old. That China combined had an estimated $684 Barbara Jordan of Texas, who once didn’t happen. My grandpa raised two billion in total development finance. said: What the American people want is boys. One became an engineer. And my These two banks combined provide five something quite simple—they want a dad, the other boy, went to a 2-year times as much financing as the Ex-Im country as good as its promise. These college that was paid for at the time, Bank, with its cap of $135 billion. As Senator HEITKAMP explained, this coal miners were promised things. Over went on to get a journalism degree, and is about jobs, and it is as simple as 70 years ago, President Harry Truman became a reporter who interviewed ev- that. In FY2015, Ex-Im financing sup- brokered an agreement that provided eryone from Mike Ditka to Ronald ported 109,000 U.S. jobs. Since we reau- health and pension benefits for coal Reagan, to Ginger Rogers. That is thorized the Ex-Im Bank, nearly 650 miners in the United Mine Workers of America, and these coal miners deserve transactions have been approved. Now America Health and Retirement Funds. that same support. it is about time that we put the person The Coal Act and its 2006 amendments Another part of our State which be- on the Board—the Republican nomi- showed the continuing commitment to lieves if you work hard every day you nee—so the Bank can go back to fully the health and retirement security of should be able to get where you want functioning and be able to make trans- our Nation’s miners and their families. to go are those who work in manufac- actions that are worth over $10 million. Yet, in October, approximately 12,500 turing, those who work in the rural Without a quorum and Board approval, retired coal miners and widows re- parts of our State. I don’t think they Ex-Im is not able to adopt any of the ceived notices telling them their would ever put together the Ex-Im accountability measures or update the health care benefits would be cut off at Bank—that Senator HEITKAMP has loan limits so American businesses the end of this year—retired miners gathered us to talk about today—with have access to the financing they need and widows. Then, in November, an- their own livelihoods. That is a very to compete globally. other 3,600 notices went out. That is complex matter about a guy getting Here we are, three Democratic Sen- over 16,000 people who will lose their confirmed on the Bank, but, in fact, it ators on the floor simply asking the health care coverage. I know negotia- is true. Because while we have saved Senate to move ahead to confirm a Re- tions are going on as we speak, but we the Ex-Im Bank, which finances so publican nominee. That may be irony, urge our colleagues and the leadership many hundreds of small businesses in but it is irony that is on the backs of in the Senate to do all they can for Minnesota that wouldn’t be able to the American people and we need to these miners, many of whom are in the deal with going to a big major bank, we get it done. State of the Presiding Officer. still haven’t confirmed someone for Madam President, I yield the floor to As Senator HEITKAMP mentioned, we that Board. Getting that person con- the Senator from New Hampshire. have a similar situation with the Cen- firmed for that Board and through the The PRESIDING OFFICER (Mr. tral States Pension Plan, 14,000 Min- Senate would mean the Ex-Im Bank PERDUE). The Senator from New Hamp- nesotans. I just met with 300 of them could go back to its functional levels of shire. this weekend. The plan that was origi- financing major transactions. Mrs. SHAHEEN. Mr. President, I am nally proposed was actually rejected by That is why we are here, to ask the pleased to join my colleagues Senator the Treasury Department because it Senate to support the nomination of J. HEITKAMP of North Dakota and Senator was so unfair to these workers. They Mark McWatters to serve as a member KLOBUCHAR of Minnesota. I represent are continuing to look for a solution. of the Board of Directors. I join my col- New Hampshire so I think we have Lastly, I say about the coal miners, leagues to do that. three major regions of the country rep- in Minnesota, we have iron ore miners. On January 11, the Senate Banking resented to talk about why we need to So while your miners might be covered Committee received the nomination of make the appointments to allow the in black soot, ours are covered in red McWatters to fill the Republican va- Ex-Im Bank to continue to do their iron ore. cancy on the Board. This is a Repub- transactions.

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.015 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6941 As my colleagues have said, Ex-Im turing industry because we have com- Senator SHERROD BROWN, my colleague has a five-member Board of Directors. panies such as Boyle Energy Services & from Ohio, and I are working on. We In order to consider transactions that Technology, New Hampshire Ball Bear- hope to have that resolution voted on exceed $10 million, they have to have a ings, GE, and BAE. Yet we are successfully and allow the entire Sen- quorum—three people. Right now, hamstringing those businesses and ate to pay tribute to a remarkable again, as Senator KLOBUCHAR and Sen- their ability to continue to grow jobs, American life—a former colleague of ator HEITKAMP explained, there isn’t a to continue to grow their business be- ours and one whose seat I am very quorum so they cannot continue to do cause we are not willing to make one humbled and honored to hold today— transactions worth over $10 million. appointment to the Ex-Im Bank that and that is John Glenn. We will be That is having a real impact on compa- would allow us to create jobs in this bringing that up later during the day. nies across this country. country and that sends money back to OPIOID ADDICTION EPIDEMIC After a period where Ex-Im was not the Treasury. Mr. PORTMAN. Mr. President, today reauthorized in 2016, where they were For all of my colleagues on the other I wish to talk about an issue that this not able to do business, we finally got side of the aisle who are so concerned Congress has focused on more in the that legislation through. They were about the fiscal health of this Nation— last few months and to commend the able to begin operating again. and I think we share that concern on Congress on that but also to continue In 2016, they were able to support the Democratic side—why would you to raise awareness of it and allow all of about 52,000 U.S. jobs by authorizing not reauthorize and make sure that an us the opportunity to figure out how more than $5 billion in transactions— agency like the Ex-Im Bank is fully we can do more—in our own way, in 2,000, almost 3,000 export transactions. operational, can create jobs, and can our own communities, in our own At the same time, Ex-Im returned return money to the Treasury? It bog- homes—to be able to address it. It is $283.9 million to the U.S. Treasury and gles my mind that, because of this ide- now to the point where we have some- maintained a default rate of 0.266 per- ological battle, we are not willing to do body in our great country dying of an cent. That is a pretty good record, but, what is practical, what is in the inter- overdose every 12 minutes. One Amer- by comparison, the last year that Ex- ests of our businesses, of job creation, Im was fully operational, they author- ican is losing his or her life every 12 of making sure that we can compete ized more than $20 billion in almost minutes. In my own State of Ohio, we around the world with other companies 4,000 transactions in 2014 when they have been particularly hard hit by this. that are making things. were fully operational. Those trans- We lose one Ohioan every few hours. So I share the concern we heard from The statistics are overwhelming. It is actions supported 164,000 U.S. jobs and Senator HEITKAMP and from Senator now the No. 1 cause of accidental death returned $674 million to the Treasury. KLOBUCHAR, which is that the longer So one might ask: What is wrong in our country. It has been the case in we delay in approving the nomination with this picture? Why is the Senate Ohio since 2007. But behind those sta- of Mark McWatters, the longer we Banking Committee holding up the tistics are faces, families, and commu- person who would allow Ex-Im to con- delay in making sure that Ex-Im is nities. A 4-year-old boy recently came into tinue to operate at its full capacity and fully operational, the more jobs will be allow it to continue to help with job lost, the more difficult it will be for his bedroom in Cleveland, OH, in the creation? companies to compete, and the more Old Brooklyn neighborhood, and he We have seen this very directly in money that will be lost to the U.S. found his dad dead of an overdose—30 New Hampshire. New Hampshire is a Treasury. years old. That was just in the news small State. We are a small business So I hope that under the new admin- this week. State. Yet we are the State that Ex-Im istration there is more of a willingness A few weeks ago, there were two men chose when they rolled out their small on the part of my colleagues to actu- in Sandusky, OH, who were found un- business program to help small busi- ally approve these nominations and to conscious in a parking lot. Somebody nesses with the financing they needed move government forward so that we was there and recorded both their over- to export. One of those first people to can create jobs and we can address the dose and the first responders coming. take advantage of that program was economic challenges that too many The Sandusky first responders found Boyle Energy Services & Technology. people in this country are facing. them barely breathing and brought Their CEO, Michael Boyle, says that I yield the floor. them back to life with this miracle without Ex-Im, he would have to con- I suggest the absence of a quorum. drug called Narcan, or naloxone. These sider offshoring production in order to The PRESIDING OFFICER. The first responders saved their lives, as continue to grow his business. clerk will call the roll. they saved 16,000 lives last year in Now, BEST does 90 percent of its The bill clerk proceeded to call the Ohio. This year it will be an even larg- business overseas, and it relies on Ex- roll. er number, as we find out after the Im for working capital guarantees. Mr. PORTMAN. Mr. President, I ask year closes. But this video is not for They are not doing a lot of trans- unanimous consent that the order for the faint of heart. It is now out on the actions over $10 million, but we have a the quorum call be rescinded. Internet. Some have probably seen it. lot of companies in New Hampshire The PRESIDING OFFICER. Without It has gone viral. But it shows what that are doing transactions over $10 objection, it is so ordered. these first responders and our commu- million and that are subcontractors to REMEMBERING JOHN GLENN nities are dealing with every single big companies that are doing those Mr. PORTMAN. Mr. President, I rise day. transactions. So in New Hampshire, we today to talk about the heroin and pre- I have talked to firefighters around have General Electric, which is very scription drug epidemic that has the State, and the Sandusky fire- dependent and needs those exports and gripped our country and my State of fighters are no exception. They tell me that financing. We have a growing Ohio. But first, let me just say a word that they have responded to more aerospace industry that includes com- about John Glenn. overdoses than they have fires over the panies like New Hampshire Ball Bear- I spoke on the floor yesterday about past year—more overdoses than they ings, and it includes companies like Al- his passing. We lost him yesterday have fires. These are firefighters who bany Engineered Composites, which afternoon, at age 95. A true icon, his are, again, saving lives every day. worked on the Dreamliner with Boeing. life was really the life of our country, When I was in Canton, OH, last week, I talked to the CEO of Albany after over the time period from when he I was told there had been twice as he came back from the Paris Air Show joined his fellow Mercury astronauts many overdose deaths this year al- a couple of years ago. He said: The peo- and was the first person to orbit the ready as last year. Again, the fire- ple who are getting the jobs, getting Earth to the time that he served here fighters and other first responders tell the accounts, are the companies that in the Senate and went on to found the me it is their No. 1 focus and concern. can provide financing around the Glenn College at Ohio State Univer- When I talk to county prosecutors world. sity—an amazing life. and sheriffs around Ohio, they also tell We make a lot of things in New Later today we are going to ask the me it is the No. 1 cause of crime in Hampshire. We have a robust manufac- full Senate to vote on a resolution that each of their counties in Ohio, whether

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.016 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6942 CONGRESSIONAL RECORD — SENATE December 9, 2016 it is a rural county, an urban county, back on track to lead healthy, produc- new administration, to be prepared to or a suburban county. It is everywhere. tive lives once again. step in to ensure that this legislation It knows no ZIP Code. This problem is It is also really important that we do moves quickly. one that, unfortunately, has gripped a better job on prevention and edu- I think the legislation, CARA, is our country like no other. cation. Ultimately, to keep people out probably the most important anti-drug I started off working on this issue of the funnel of addiction is the most legislation we have passed in this body over 20 years ago, when cocaine, mari- effective way to deal with this issue. in at least two decades. It is evidence- juana, and, later, methamphetamines We need to redouble our efforts there based. It will improve prevention and were an issue. Certainly, all those and to raise awareness, among other treatment. It is the first time ever we drugs are horrible. Our prevention ef- things, of the connection between pre- have put long-term recovery into any forts led to what was called the Drug scription drugs and heroin and these legislation, which is incredibly impor- Free Communities Act, which was other synthetic heroins, these opioids, tant for success. We talked earlier passed to be able to help address this because four out of five heroin addicts about the difficulty of getting people issue. Over 2,000 community coalitions in your State—you are representing a out of the grip of addiction and having have now been formed as a result of State here in this body—probably that longer term recovery aspect. that. But this new wave of addiction, started with prescription drugs and Think of recovery housing and being in my view, is worse. It is worse in then shifted over to heroin. supported by a supportive group rather terms of the number of overdoses and There is an opportunity for us to do than going back to the old neighbor or deaths. It is worse in terms of the im- more about that by raising that aware- going back to a family who is suffering pact on families, tearing them apart. It ness, because when people learn more from this issue. That longer term re- is worse than the crimes it creates, about that connection, they are smart- covery really helps to improve the mostly with people creating more and er about the danger that is inherent in rates of success. That is in our legisla- more crime to be able to feed their taking these often-narcotic painkillers tion. habit. It is worse in terms of the abil- that are sometimes overprescribed. It also begins to remove this stigma ity to get people back on track, to help To raise awareness about this issue, I of addiction. In some respects, I think them with treatment and recovery. It have come to the floor every week we that may be the most important part is a very difficult addiction. have been in session since February. of the legislation. It acknowledges that The Congress, including this body, This is now our 29th speech about this addiction is a disease, and as a disease, has taken action, and I appreciate issue—the opportunity to talk about it, it needs to be treated as such. When that. Let me tell you why we need to to raise awareness about it. I will say people come forward to be able to get take action. again that over the course of those 29 treatment—and probably 8 out of 10 I talked about these two men in San- weeks, a lot of things have happened by heroin addicts are not—you obviously dusky, OH, who were found uncon- raising awareness. see much better results for the person, scious and had overdosed. This was One is, this body passed legislation for the family, and for the community. something where someone video-recalled the Comprehensive Addiction For example, think about Ashley corded the first responders coming and and Recovery Act, otherwise known as from Dayton, OH. At just 32 years old, saving their lives. When one of these CARA. We passed it in this Chamber she died of a heroin overdose recently, men was revived, Michael Williams, after taking it through committee leaving her three small children with- this is what he said: after 3 years of work—conferences, out a mom. After Ashley died, her mom I have a problem. If I could get help I bringing people in from around the went back and looked at her diary to would. I need it and I want it. country, experts. The legislation fo- see what she had said during her last I believe that if someone needs treat- cuses on how to come up with a better several weeks. She found it, she read it, ment for addiction and they are willing way to do prevention, education, treat- and what Ashley wrote in her diary to get it, we ought to be able to provide ment, recovery, and to help our first will break your heart. It details her it. That is why it is important that responders with naloxone—this Narcan daily struggle with addiction. It talks Congress be involved, that State legis- miracle drug—provide training, help about the pain and the suffering. Here latures be involved, that we be in- get the prescription drugs off the is one passage: volved in our communities to ensure shelves, drug take-back programs. I am so ashamed. . . . I am an addict. I will that when someone is ready to get that All of this resulted in CARA passing always be an addict. . . . I know I need help treatment, it is accessible. this body by a vote of 92 to 2. That [but] I’m afraid to get it . . . because I know I have met with addicts and their never happens around here. It was I’ll need to go away for it. . . . I’ll be away families all over our State. I have prob- overwhelming bipartisan support for from my kids. ably met with several hundred addicts legislation that is needed. This past CARA was designed to help women or recovering addicts just in the last summer, late this summer, President like Ashley. It not only helps erase the couple years alone as we have put to- Obama signed that legislation into law, stigma of addiction and get women like gether this legislation and tried to and it is now being implemented. I her to come forward, acknowledge work on something that is actually commend the administration for mov- their illness, and get the help they evidence-based and will help. So many ing as quickly as possible. need, but it allows women in recovery of them tell me they are ready. There are a couple of programs that to bring their kids with them. You One grieving father told me his are already up and running. We have have family treatment centers and daughter had been in and out of treat- now provided, for instance, for nurse funding available for those kinds of ment centers. Finally, after several practitioners and physicians assistants treatment centers and for longer term years of trying to deal with her addic- to be able to help with regard to medi- recovery so we can keep families to- tion, she acknowledged that she was cation-assisted treatment. That is gether. ready. He personally took her to a something that was urgent in my home It authorizes $181 million in invest- treatment center in Ohio. They told State of Ohio and other places, the ments in opioid programs every year him and told her that they would love need to have more people able to help going forward, and it ensures that tax- to help, but they were fully booked. recovering addicts get back on track. payer dollars are spent more wisely They didn’t have a bed available. They That is happening right now. That is and effectively by channeling them to would hope to have one within a couple already being implemented. programs that have been tested and of weeks. During those 14 days, he Other aspects of the legislation, in- that we know, based on evidence, actu- found his daughter in her bedroom hav- cluding some of the prevention pro- ally work. ing overdosed, and she died. grams and the national awareness cam- Even with these new policies in place Those stories are heart-wrenching, paign on connecting prescription drugs under CARA, we are going to have to yet they are stories from every one of to heroin, are still being put into ef- fight every year for the funding as part our States. So access to treatment is fect. Today, I again urge the adminis- of the appropriations process, and we important and access to longer term tration to move as quickly as possible are doing that today. In the most re- recovery is important so people can get and for the administration-elect, the cent continuing resolution, which

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.018 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6943 funds the government until tonight, we abused alcohol. She then turned to The resolution also contains funding were able to get $37 million in short- pills, and then once the pills were too to respond to Hurricane Matthew, se- term funding to be sure CARA was expensive—as we said, all too com- vere flooding in Louisiana and other fully funded during that 4-month pe- mon—she switched to heroin. She stole recent natural disasters. In total, $4 riod of time. from her family, even selling her moth- billion is available under this bill and We will soon be voting on the next 4 er’s arthritis medication. She stole will be allocated to recovery programs months or so of a continuing resolu- jewelry from her boyfriend’s parents. that benefit 45 of our States. tion, and once again, we have fought She wrote herself checks from her The resolution also provides funding the good fight on both sides of the mom’s checkbook. to help Flint, MI, respond to the con- aisle. We have asked the Appropria- For those who are watching and lis- tamination of its water supply and to tions Committee to include the funding tening who have members of their fam- help communities around the country for CARA. We have been successful in ily who are suffering from this illness, provide safe drinking water. doing that. There is full funding in the you know what I am talking about. Mr. President, I urge the adoption of continuing resolution that will be She received help, finally. Her help this resolution. voted on shortly that provides for the came from Netcare crisis services ini- The PRESIDING OFFICER. The Sen- implementation of this legislation. tially—detoxing and getting into treat- ator from California. That is very important because if that ment—and then Maryhaven Treatment Mrs. BOXER. Mr. President, I want funding had not been provided for this Center. to thank Senator COCHRAN for his cour- short term, it would have been difficult I visited Maryhaven in October. I had tesy in getting the time for me. to get the programs up and going on a chance to meet with some of the re- COAL MINER HEALTH CARE BENEFITS AND WRDA prevention, treatment, recovery, and covering addicts who were there and Mr. President, some people may won- helping first responders with regard to talk to them about what they had been der why on a Friday we are still here Narcan training and supply. That is through. and we are still arguing and we are Rachel is an example of a success important. If we fully fund it and we still debating. There are several issues story. She is now 2 years sober and support getting more people into treat- that are troubling to many people in studying finance at Columbus State ment, we will save lives, there is no the Senate and in the country, and a Community College. She is a success. If question about it. If we fully fund the couple of them have a focus on them we fully fund CARA and if we get this prevention, we will save lives. today. How this all ends remains to be legislation in place with regard to In addition to that funding, under seen, but I feel it is important for the these Cures appropriations, we will see the 21st Century Cures Act, which was American people to understand that more success stories like that. We will just passed by the House and Senate there are some people here who are save lives across our country. For all over the past few days, there is addi- willing to take the time to explain why those who are suffering from the dis- tional funding, and it is immediate we can’t just go home right now. We ease of addiction—like Ashley from funding that goes to the States. It al- are no different from any other Amer- Dayton, Michael from Sandusky, or lows the States to use their own pro- ican. We don’t want to have to work on Rachel from Northland—let’s do the the weekend. We don’t want to have to grams that they have through block right thing. Let’s fight for them. Let’s be here when we don’t have to be, giv- grants to help address this crisis we implement CARA quickly. Let’s build face. I strongly support that. I think on this commonsense law. Let’s sup- ing speeches that we don’t have to this epidemic is such that we need to port additional funding now so we can give. I also want to give a shout-out to my do both—have the longer term, evi- help as many Americans as possible. friends who are calling attention to the dence-based programs in place year By doing so, I believe we can begin to plight of widows of miners—miners after year for the future, but also im- turn the tide on this addiction and not who went into the coal mines knowing mediately give our States an infusion only save lives but help some of our full well they risked their lives every of funds to be able to help with their constituents lead more productive and day. They knew that if something hap- existing programs. full lives. I believe that legislation is critical I yield back my time. pened to them, their widows would be to my home State of Ohio, and I know The PRESIDING OFFICER. The Sen- taken care of. If we can’t take care of how it is going to be used; it will be ator from Mississippi. widows and children who are left be- used well. Our Department of Mental Mr. COCHRAN. Mr. President, I ask hind because a coal miner risked his or Health & Addiction Services needs it. unanimous consent to proceed, but be- her life, who are we fighting for and That legislation was an authoriza- fore I begin, I ask unanimous consent what are we doing here? tion in the 21st Century Cures Act. It that the Senator from California, Mrs. Senator MANCHIN, Senator HEITKAMP, was 2 years of funding—$500 million BOXER, be recognized following my re- Senator CASEY, Senator SCHUMER, Sen- next year, $500 million the next year— marks. ator WARNER—several of my col- to fund dealing with this crisis imme- The PRESIDING OFFICER. Without leagues—have been very clear. They diately. That funding is now shifted objection, it is so ordered. have been taking to this floor warning into the continuing resolution. So for Mr. COCHRAN. Mr. President, this the majority, the Republicans, that we this year, under this appropriations resolution will provide government want to take care of these widows. The bill we are about to vote on, we now funding through April 28 at the level money is there. It is there for them. In- have that additional funding of $500 prescribed in last year’s budget agree- stead, my Republican friends want to million. So we had to do the authoriza- ment. take it away. You know what? That is tion and then the appropriation, and I urge the Senate to support the reso- not happening without a fight. That is that is part of the CR. lution. not happening without a fight. If we That is something people should It provides funding to continue coun- can’t defend widows and orphans, I think about as they look at this con- terterrorism operations in Iraq, Af- have news for you, we don’t deserve to tinuing resolution. We know this fund- ghanistan, and Syria. It supports our be here. ing will help because we know preven- allies through the European Reassur- Two days ago, I gave what was to be tion keeps people out of this funnel of ance Initiative. It includes funding for my final major speech on the floor of addiction the most effective way, and humanitarian assistance and to protect the Senate. Believe me, I don’t want to the treatment can work. I have met so American diplomats. be here. I don’t want to talk on the many people across Ohio who have The resolution also funds important floor. I wanted to go out with a great taken advantage of treatment, of a priorities here at home. It appropriates big smile on my face after working in supportive environment that comes $872 million to fight opioid abuse and politics for 40 years, but instead I am with recovery programs, and have been support innovative cancer research. here to explain an issue that is very successful. These funds will begin to implement troubling. There are so many stories of hope. the CURES Act, which the Senate If you asked the average person what One is the story of Rachel Motil from passed earlier this week by a vote of 94 troubles them about Congress—they Columbus, OH. As a teenager, Rachel to 5. hate Congress. I think we get a 17-, 18-

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.022 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6944 CONGRESSIONAL RECORD — SENATE December 9, 2016 maybe 12-percent rating. It is bad. It is ator FEINSTEIN and I worked on. We sport fishermen spend annually to pursue hurtful. One of the things they hate have very important ecosystem res- salmon. These dollars breathe life into the about Congress is when we have a spe- toration. We have projects in Orange not only the California coastal economy, but cial interest rider dropped on a bill. No County and all over the State. also inland river communities where recreational salmon fishing is big. one has looked at it, there have been Why do I say this? I say this to make Commercial fishermen have suffered after no hearings, and it has nothing to do the following point: If Senator BOXER not only back to back poor salmon seasons with the bill. People are then forced has all of those great things for her but also disruption in their other main in- into a situation where either they State in the WRDA bill, why is she come source, the Dungeness crab fishery. swallow that garbage or they can’t standing here saying, ‘‘Vote no’’? It Adding more injury is not right especially vote for the underlying bill, which may isn’t easy. It breaks my heart, but I when there are other, more sustainable ways be very important to their State, their will tell you why. In the middle of the to address California’s water future. The constituents, and their country. That night, coming from the ceiling and drought bill language would allow far more is what is happening on the continuing diversion of northern California water to the airdropped into this bill was a dan- massive pumps that send it south, especially resolution to keep the government gerous 98-page rider which will become at the sensitive time of year when baby open. There is a paltry 4-month exten- law with the WRDA bill. What does it salmon are trying to migrate to the ocean. sion on the health care for the widows do? It attacks the Endangered Species As water is diverted from its natural course, of coal miners. What good does that Act head-on. It gives operational in- so too are baby salmon which mostly die do? They are going to be frightened to structions on how to move water in my along the way to the pumps. Those that sur- death. What if they go to the doctor in State away from the salmon fisheries vive to the pumps usually die shortly there- that first month and the doctor says: I and to big agribusiness, regardless of after. am watching a lump. It may be can- The National Marine Fisheries Service, what the science says. If somebody which authored the salmon protections cur- cerous. Come back in 3 months. They says ‘‘Oh, my God, this is terrible; we rently in place, has tacitly acknowledged the don’t know if they will even have will lose the salmon fishery,’’ it will need to strengthen, not weaken them, by health care. It is a disgrace. The wid- take a very long time to have that calling for both amending the existing bio- ows are not protected in the continuing study, and it will be too late to save logical opinion as well as formally reiniti- resolution. the fishery. This isn’t just about the ating consultation on the opinion. The last What are we facing? Either we shut salmon; it is about the people who fish. thing we need now is political interference in down the government or fight for the They are distressed about this issue. a process best left to fishery scientists and widows. OK. This is what people hate biologists. They represent tens of thousands of Adoption of the Feinstein/McCarthy about Congress, and we don’t have to families who rely on having enough drought bill language into law would undo do it—not at all. If you believe you water for the fishery. some of the progress we’ve made restoring have great legislation, then go through Mr. President, I ask unanimous con- our salmon runs since 2009, when the existing the channels, introduce the bill, and sent that the letter signed by this vast biop replaced a prior one found to be ille- have a hearing. If you think the min- array of fishermen and some letters gally un-protective of salmon. Under that ers’ widows deserve only 4 months, from all of those who rely on salmon prior, weak set of regulations, we saw our salmon runs decline to the point where the let’s have a discussion about it. fishery be printed in the RECORD. We have another situation on an- There being no objection, the mate- ocean fishery was shut for the first time in other bill. The bill is called WRDA. history in 2008 and 2009. The language being rial was ordered to be printed in the considered now would send us back to a simi- You may have heard about it. What RECORD, as follows: lar desperate situation rapidly. It would al- does it stand for? It stands for the GOLDENGATE SALMON ASSOCIATION, most certainly lead to another steep collapse Water Resources Development Act. December 6, 2016. of Central Valley salmon runs. This WRDA bill is a beautiful bill. My Re OPPOSE—Anti-Salmon Provisions in Please do what you can to stop this committee has worked on it for more WRDA drought proposal from becoming law, includ- than a year. I am proud to be the rank- DEAR CONGRESSIONAL LEADERS: I write ing opposing cloture in the Senate. We have ing member on that committee. I was from the Golden Gate Salmon Association new and much better ways to address our asking that you oppose the California the chairman, but when Republicans water future in California that some old drought language in the Water Resources De- thinkers simply refuse to consider. took the Senate back, Senator INHOFE velopment Act (WRDA) bill. Sincerely, became the chairman. We worked hand This language calls for severe weakening of JOHN MCMANUS, in glove. We set aside our differences, existing protections for salmon in Califor- Executive Director, we set aside poison pills, and we said nia’s Central Valley. Although those protec- Golden Gate Salmon Association. we are going to put together a great tions are designed primarily to aid ESA-list- bill, and we did. It is a great bill. It ed winter and spring run salmon and DECEMBER 6, 2016. steelhead, they also provide great benefit to SALMON FISHING INDUSTRY OPPOSES deals with flood control, ensures there unlisted fall run salmon which supplies the CALIFORNIA DROUGHT RIDER IN WRDA is environmental restoration and that west coast fishery. our ports are dredged and can, in fact, Tens of thousands of fishing jobs in both DEAR HONORABLE MEMBERS: The under- support the kind of commerce we need California, and Oregon hang in the balance. signed commercial fishing industry groups in the greatest country in the world. The existing protections are based on the strongly oppose Mr. McCarthy’s California water language inserted in the House version We have authorization for funding in best available science, which has been affirmed in multiple court cases up to the of the Water Resources Development Act. there for desalination because we know Ninth US Court of Appeals as well as King salmon was once the West’s most im- we have droughts in the western through an outside scientific review by the portant fishery. It now hangs in the balance, States, and we need to work on that. National Research Council requested by Sen- as what should be an infinitely renewable re- We have authorization for ways to use ator Feinstein. The proposed language orders source has consistently lost political battles technology to ensure we can increase science-based measures to balance water for in the war over California’s water. This last- our water supply, so we have author- agriculture, municipal, industrial and fish- minute rider is a knife in the gut of the ization in there for water recharging ing industry be tossed out and replaced with thousands of commercial fishermen and fishery-dependent businesses that harvest and and water recycling. It is quite a bill. a political prescription aimed at rewarding a small group in the western San Joaquin Val- supply local, wild-caught seafood to millions It has authorization in there to move ley and points south. of American consumers. forward with all of the Army Corps California salmon fishermen, both sport The language purports to offer drought re- projects that have been looked at up and commercial, have suffered from very lief, but in so doing, it picks drought winners and down and inside out. poor fishing seasons over the last two years. and drought losers in California and beyond. What we have in there for my State This is primarily due to the effects of The winners are the handful of industrial is incredible. I don’t think I have ever drought and poor water management, which irrigators of the San Joaquin Valley that had a bill that did more for my State. have undercut the ability of salmon to repro- stand to benefit from rollbacks of the Endan- We have projects in Sacramento, Los duce and survive in Central Valley rivers. gered Species Act and other salmon protections, and the politically (not scientifically) Angeles, and the San Francisco area. Now is the time to help these salmon runs recover, not tear them down more. mandated operation of the federal water sys- We have projects from north to south, The economic value of salmon derives not tem in California. The losers are the fishery- east to west. We have levee fixes and only from commercially caught fish, but also dependent businesses, such as commercial the Lake Tahoe restoration that Sen- from the hundreds of millions of dollars and charter-for-hire fishermen, seafood

VerDate Sep 11 2014 07:35 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.024 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6945 wholesalers, ice docks, fuel docks, stead complement state investments in sus- and Senate authorizing committees. We urge shipwrights, manufacturers, restaurants, ho- tainable water solutions. Congress to strip this drought provision tels and direct-to-consumer seafood pur- Adding a poison pill rider undermining the (Subtitle J—California Water, §§ 4001–4014) veyors that make a living on the availability Endangered Species Act and threatening and pass the WRDA bill before it adjourns of salmon. It’s a policy choice to sacrifice a thousands of fishing jobs sets up a false this month. We urge Congress to renew its naturally sustainable food system for a food choice between clean water in Flint and efforts to address California and western system that requires government subsidies, healthy waterways in California. This is out- drought through an open and collaborative massive publicly-funded infrastructure rageous and unacceptable. The people of process to arrive at solutions which work for projects, and continual litigation. It is the Flint have waited too long for safe drinking all stakeholders. wrong choice for the small businesses and water to be victimized again by this kind of Trout Unlimited works with agricultural families that harvest this resource on the political backroom dealing. producers, states, counties, communities and West Coast. We urge you to strike this anti-environ- other stakeholders throughout the West to West Coast salmon fisheries are in crisis. mental rider from the bill. If this language find solutions to pernicious drought. Durable The salmon fishing communities in all three remains in the bill, we urge you to vote to and fair drought solutions are best developed states have requested or are considering the oppose cloture. through open and collaborative processes need for fishery disaster declarations for the Sincerely, with all stakeholders. The Yakima and 2016 due to extremely low productivity. We Natural Resources Defense Council, League Klamath pieces of legislation in the Energy are a proud community that wants to work, of Conservation Voters, Defenders of Wild- bill are two excellent regional examples, but not resort to government handouts. We ask life, Earthjustice, Sierra Club, National Au- in fact on the ground throughout the West, that you do everything in your power to pre- dubon Society, Clean Water Action, there are many more local examples of vent this language from becoming law. Greenpeace. drought solutions which help rivers and fish, Thank you for your consideration. producers and communities. Mike McCorkle for Southern California E2, Right now drought is most severe in Cali- Trawlers Association (Santa Barbara), December 6, 2016. fornia. Thus, we understand and appreciate Stephanie Mutz for Commercial Fishermen DEAR MEMBERS OF CONGRESS: As business the hard work that Senator Feinstein, Rep- of Santa Barbara, Bill Ward for Port San leaders focused on policies that promote a resentatives McCarthy, Valadao and others Luis Fishermen’s Marketing Association, growing economy and healthy environment, have invested in trying to help interests in Lori French for Morro Bay Commercial Fish- we ask that you oppose cloture on the Water California deal with the drought. But, the ermen’s Organization, Mike Ricketts for Resources Development Act (WRDA) if it drought provision added to the House WRDA Monterey Fishermen’s Marketing Associa- contains the recently added language regard- bill in recent days is not the result of an tion, Tom McCray for Moss Landing Com- ing California water. open and collaborative legislative process. mercial Fishermen’s Association, Joe Stoops Environmental Entrepreneurs (E2) is a na- Though California is the drought hardship for Santa Cruz Fishermen’s Marketing Asso- tional, nonpartisan group of business leaders epicenter, drought is prevalent in other ciation, Lisa Damrosch for Half Moon Bay who advocate for smart policies that drive areas of the West, and may well be coming Seafood Marketing Association, Larry Col- innovation in business while protecting the soon to many others areas of the country. lins for San Francisco Crab Boat Owners As- environment. Our members have founded or Congress should reward open and collabo- sociation, Don Marshall for Small Boat Com- funded more than 2,500 companies, created rative processes for dealing with drought. All mercial Salmon Fishermen’s Association (at- more than 600,000 jobs, and manage more of our interests must face drought challenges large), Lorne Edwards for Bodega Bay Fish- than $100 billion in venture and private eq- together. All of our interests must be in- ermen’s Marketing Association, Bill Forkner uity capital. In California, E2 has more than cluded in fair and balanced solutions. Con- for Salmon Trollers Marketing Association 500 members who belong to three regional E2 gress should not reward legislation not de- (Ft. Bragg), Dave Bitts for Humboldt Fisher- chapters and who do business across the veloped in an open and collaborative proc- men’s Marketing Association, Tim Sloane state. ess—in California or any other state—that adversely impacts so many stakeholders. for Pacific Coast Federation of Fishermen’s WRDA is critical legislation that supports Some sections of the ‘‘Subtitle J—Cali- Associations, Joel Kawahara for Coastal dozens of badly needed water infrastructure fornia Water’’ drought provision extend projects in just as many communities, in- Trollers Association (Washington). west-wide, and risk upending years of local, cluding emergency funds to help alleviate watershed-based investment by stakeholders DECEMBER 6, 2016. the crisis in Flint, MI. Moreover, it is unac- to arrive at water scarcity solutions that DEAR SENATOR: On behalf of the under- ceptable that this controversial language, meet agricultural, environmental and mu- signed organizations, we are writing to urge which undermines environmental protec- nicipal needs. Section 4007, for example, au- you to strip the anti-environmental rider re- tions for wildlife and threatens the tens of thorizes the ‘‘design, study, and construction garding California water from the Water Re- thousands of fishing and recreation jobs that or expansion’’ of new federal dams across the sources Development Act (WRDA) (Subtitle depend on them, was added to the legislation seventeen western states without Congres- J of Title III of S. 612). This poison pill rider at the eleventh hour. sional oversight. § 4007(b)(1). Section would gut environmental protection in Cali- Water shortages in California are due to a 4007(h)(1) also authorizes $335 million for new fornia’s Bay-Delta, threatening thousands of sustained drought, overutilization of re- dam building. Allowing the Interior Depart- salmon fishing jobs and worsening water sources and a low groundwater table. Unfor- ment to authorize federal dams without Con- quality conditions. These provisions are in- tunately this newly-added language will not gressional oversight breaks with decades of consistent with California law and expressly solve any of those issues. What these short- longstanding law and practice. violate the requirements of biological opin- sighted provisions could do, however, is dam- Even more significantly, unilaterally fa- ions under the Endangered Species Act, and age the large salmon fishing industry that is voring and underwriting a federal dam sets as a result are likely to lead to extensive fed from the Central Valley, and hurt thou- back local, watershed-based, collaborative litigation and undermine progress on long- sands of fishing and recreational jobs up and efforts to find multi-pronged solutions to term solutions. The White House announced down the West Coast. drought and water scarcity that benefit all today that the Administration opposes this Though we agree there is an urgent need to stakeholders: agricultural, environmental, language in WRDA. The broad opposition to address California drought and competing and municipal. this rider demonstrates that its inclusion needs in the state, we think that should be The legislation would directly harm Trout threatens to scuttle enactment of WRDA. done through a comprehensive process in Unlimited members, fishing-related busi- This rider would not only affect California, stand-alone legislation that factors in the nesses, and the communities that depend on but also threatens the thousands of fishing importance of the fishing industry and other them. Central Valley salmon, when healthy, jobs across the West Coast that depend on economic issues. contribute $1.4 billion to the economy and salmon from California’s Bay-Delta water- E2 urges you to aid a consensus WRDA bill support 23,000 jobs. This fishery constitutes shed. Moreover, the rider would authorize that solves problems without putting jobs at 60 percent of Oregon’s coastal salmon catch construction of new dams across the 17 Rec- risk. and part of Washington’s as well. It would be lamation states, without Congressional re- Sincerely, a tragedy to have salmon disappear from the view and authorization for these new BOB KEEFE, Sacramento and San Joaquin rivers. The projects. Executive Director, drought has been hard on everyone, but no- Drought, not environmental laws, is the Environmental Entrepreneurs (E2). body has been harder hit than commercial primary cause of low water supplies in Cali- and recreational fishing businesses. fornia. The state of California is working to TROUT UNLIMITED, Finally, Congress should consider that the protect the environment and the economy by December 8, 2016. bill would undermine actions taken under investing in sustainable water supply solu- DEAR MEMBERS OF THE HOUSE AND SENATE: California water law. This will lead to need- tions including water use efficiency, water Trout Unlimited is opposed to the drought less litigation, igniting more controversy recycling, urban stormwater capture, and provision that has been added to the WRDA and threatening the progress that California improved groundwater recharge and manage- bill being considered by the House, as it un- and the Interior Department has made to- ment. The Federal government should not dermines an otherwise salutary Water Re- ward finding sustainable drought solutions. undermine environmental protections under sources Development Act (WRDA) bill devel- Federal policies should support rather than the guise of drought relief, but should in- oped in a bipartisan manner by the House undermine state water law.

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.006 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6946 CONGRESSIONAL RECORD — SENATE December 9, 2016 It is never too late in a Congress to renew We have the Clean Water Act, Safe Endangered Species Act. What right efforts to find lasting, fair, solutions to Drinking Water Act, Endangered Spe- does anybody have to do that in the drought problems. Many members have cies Act, the Toxic Control Substances middle of the night, in the darkness, worked hard on important provisions of the Act, and the Brownfields Law. These before Christmas, days before govern- WRDA bill that deserve passage, including several provisions which will restore water- are landmark laws beloved by the peo- ment funding runs out? sheds and provide clean drinking water. We ple. I say nobody should have the right to hope Congress will not hold those meri- If you went out on the street or if I do it. Since they did it, I am going to torious provisions hostage to an unworkable asked up in the gallery how many peo- make noise about it. Believe me, I am and unrelated drought measure. We urge the ple think we should protect our endan- on the way out the door. Did I want to House and the Senate to work together to gered species, I would be surprised if do this? No. I did my speech. I was so find a better solution to the California more than a few disagreed with that. thrilled to do it. My family was up drought, eliminate Subtitle J—California Let me show you why. What has been there. I am in the middle of a battle Water, §§ 4001–4014, from the House WRDA saved by the Endangered Species Act? bill, and approve the WRDA bill before ad- now. Well, I guess that is how it is. You journing this Congress. How about nothing less than the Amer- come in fighting, you go out fighting. Sincerely, ican bald eagle. This species was on its That is just the way it goes. STEVE MOYER, way to extinction, but because of the A lot of people say: Oh, BARBARA, Vice President, Government Affairs, Endangered Species Act, we learned why do you want to do this? You had Trout Unlimited. that there were only enough left for a such a beautiful speech. It was a high Mrs. BOXER. I know it is a holiday. few years, and so the endangered spe- note. I can’t. I am alive. I know what is God knows I know that. This year Ha- cies law said: No, no, no, no. We have going on. I am going to tell the truth. nukkah and Christmas come at the to change what we do and protect this The truth is, KEVIN MCCARTHY has been same time, and my grandkids celebrate species. The American eagle was pro- trying to get more water for big agri- both. I want to go home, but the people tected because Richard Nixon, as well business in his—water in my State is who depend on the water to support the as Democrats and Republicans, be- very contentious. salmon fishing industry may not be lieved we needed an Endangered Spe- My view about water is that every- able to celebrate this year because cies Act. That was in the 1960s. Now we body comes to the table. We work it someone over there named KEVIN have a frontal assault on the Endan- out together. I don’t like the water MCCARTHY dropped—in the dead of gered Species Act. war. He has launched another water night—a rider on a beautiful bill called Let me show you what else we have war battle for big agribusiness against WRDA and wrecked it. He never once saved under the Endangered Species the salmon fishery. It is ugly. It is thought about the people who rely on Act. This is the California condor. It is wrong. It is going to wind up at the fishing. It is a disgrace. Who is signing a magnificent species. It is God’s cre- courthouse door anyway. Why are we the letter, saying, ‘‘Don’t do this, don’t ation. We talk about our faith here, doing this? It is not right. We don’t do this, don’t do this’’? The Pacific and I never ever doubt anybody’s faith, need to fight about water. All the Coast Federation of Fishermen’s Asso- but I am saying if you are truly a be- stakeholders just have to sit down and ciations, the Golden Gate Salmon As- liever, then you work to protect God’s work together. sociation, the Southern California creations. It is part of our responsi- I love the fact that my State pro- Trawlers Association of Santa Barbara, bility. Here it is. What would have hap- duces more fruit and vegetables and the Commercial Fishermen of Santa pened if this Endangered Species Act nuts—it is the breadbasket of the Barbara, the Port San Luis Fisher- had been changed to say, ‘‘Don’t worry world. Under most measurements, men’s Marketing Association, the about the science, do whatever you farmers use 80 percent of the water—80 Morro Bay Commercial Fishermen’s want, and if it is bothering the hunters percent of the water. In a drought situ- Organization, the Monterey Fisher- or fishermen, just throw it out the win- ation, why would you then hurt the men’s Marketing Association, the Moss dow’’? We wouldn’t have saved these other stakeholders because an almond Landing Commercial Fishermen’s As- creatures. grower wants to do more almond grow- sociation, the Santa Cruz Fishermen’s I will show some others. This is the ing? It takes 1 gallon to produce one al- Marketing Association, the Half Moon Peregrine falcon. Just looking at this mond. I love almonds. Believe me, they Bay Fishermen’s Marketing Associa- magnificent thing makes you smile. are a fabulous food. There is a recent tion, the San Francisco Crab Boat Again, it is endangered. If there had study that they are really healthy for Owner’s Association, the Small Boat been legislation like what was dropped you. I want everyone to eat almonds. Salmon Fishermen’s Association, the at midnight from KEVIN MCCARTHY on But they export a ton of them. We have Fishermen’s Marketing Association of the Endangered Species Act, we might to preserve the environment in our Bodega Bay, the Salmon Trollers Mar- have lost this magnificent creature. So State and not run these fishermen out. keting Association, the Humboldt to say that we should just go home to What has really been interesting is Fishermen’s Marketing Association, our families, children, and grand- the editorials that have come about as the Coastal Trollers Association. I am children without calling attention to a result of this midnight rider. putting those in the RECORD. what is on the WRDA bill that I love— I would like to highlight an editorial In all of my lifetime serving, I have let me be clear. Personally, I win ei- by the Sacramento Bee on December 7, never seen such an outcry from one in- ther way. One way I win is if we stop 2016, titled ‘‘Feinstein, McCarthy dustry. There is no disagreement. The this bill and take off this horrible rider strike water deal, but war goes on.’’ water will be taken away for agri- and pass it clean. That would be the This is it. This is what I am reading business regardless of what the sci- most amazing thing. And if we don’t, I from. entists think. bring home 26 incredible projects to my ‘‘The Federal legislation almost sure- You may say: Senator, what was con- people. It is not about me. ly will result in increased water ex- trolling this before this power grab? It We have one more to show you. This ports, its basic point, and contains un- is a law. It is a law called the Endan- is the great sea turtle. This beautiful fortunate language that would allow gered Species Act. creature was saved by the Endangered Federal authorities to override sci- You may then ask: What liberal poli- Species Act. If we had similar legisla- entists and order water exports that tician or President signed that? Let me tion about this magnificent creature could further damage the delta and give you the answer. It was a Repub- and it said that 7 out of 10 people be- fisheries.’’ lican named Richard Nixon. What lieve it is harming their business, let’s What is the delta? The delta is a se- breaks my heart more than anything just forget about it, we don’t really ries of islands through which the nat- else—and I have said it before—is how need it, we would not have saved this. ural rainwater runs. The water gets pu- the environment has become such a So when you drop this—I call it a mid- rified. It runs into our rivers and hot-button issue. night rider—on a beautiful bill and say streams. It supports the salmon fish- I want to talk about the Endangered we are going to violate the Endangered ery, and it supports clean drinking Species Act. We have landmark laws in Species Act unless somebody can prove water, but if you rip away that water, our Nation. It makes our Nation great. it is really bad, you are destroying the you are going to have more salt in the

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.009 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6947 water that remains. It is going to be So here I am standing up making a to do in the salmon fishery, have the more expensive for the people to get it big fuss on my own bill and saying vote guts to have a hearing on it. Have the to drinking quality. no on it. That is really hard. I hope no guts to look in the faces of those salm- So what you have is a circumstance one in this body ever has to do this. It on fishery people, have the guts to tell where you are not only running the is a very difficult thing. Now, you may it to their faces. Don’t drop this thing salmon fishery out, but you are also ask: Who really cares about the salmon at the last minute, Christmastime, and destroying the water quality—the fishery? Who really cares about the En- we are all going to be good little girls drinking water quality—for many users dangered Species Act? and boys and say: Oh, we are going to in the area who rely on the delta water Well, how about every environmental go home. No, we are not. We are not. It and making it far more expensive to organization that I know of in the is not right. You know, I grew up, there clean up the water because it has so country. was right and there was wrong. You much salt in it. So who are they? They are the Nat- can’t turn away from wrong, even if it Here is the Sacramento Bee saying ural Resources Defense Council, that is inconvenient. It is inconvenient. that ‘‘the unfortunate language would has clearly stated this is a violation of I have stood alone on this floor. I am allow Federal authorities to override the Endangered Species Act; the not standing alone on this, but I would scientists and order water exports that League of Conservation Voters, an or- if I had to. could further damage the Delta and ganization that follows this. They are Let’s see what some of these environ- fisheries.’’ scoring this vote. They are scoring this mentalists have said. How about E2, I think I have explained to you what vote; Defenders of Wildlife, who are the environmental business leaders— that means. It destroys and harms not committed to protecting God’s crea- what do they say? only the salmon fishery, but it also de- tures; Earth Justice; the Sierra Club; ‘‘As business leaders focused on poli- stroys and harms drinking water. Now, National Audubon Society; Clean cies that promote a growing economy the bill, it says—this is the rider that Water Action; Greenpeace; Trout Un- and healthy environment, we ask that is on my beautiful WRDA bill that I limited—that has a huge participation you vote no on the cloture on Water love so much, that I wrote with JIM of fishermen, recreational fishermen; Resources Development Act if it con- INHOFE. tains the added language regarding Environmental Entrepreneurs. ‘‘The bill authorizes additional These are actually business leaders California water.’’ pumping unless fishery scientists can They say they are a nonpartisan in this country who care about what we prove there will be damage to fish, vir- group of business leaders, and they do. I will read a little bit of the Trout tually an impossible standard.’’ have funded venture capital and com- So when those who support this say: Unlimited letter. panies. They said that WRDA is crit- Oh, don’t worry, BARBARA, yes, they Trout Unlimited is opposed to the drought ical and that this language will not will pump at the maximum ability con- provision that has been added to the WRDA solve any drought issues. Its short- stantly, but there has to be a report. bill being considered by the House as it undermines an otherwise salutary Water Re- sighted provisions could damage the Well, by the time they finish their resources Development Act bill developed in a large salmon industry that is fed from port, there will be a lot of dead fish or bipartisan manner by the House and Senate. the Central Valley and hurt thousands no fish. What a beautiful opening sentence. of fishing and recreational jobs up and It goes on to say: ‘‘But no one should They get it. Trout Unlimited—they are down the west coast. kid themselves. This bill will result in What I am telling you is the truth. not liberals or conservatives. They just damage to the environment. And it Here is a bill that is called the Cali- won’t end California’s water wars.’’ like to go and have a good time with fornia drought bill, and it does noth- Let me say that again. This is the recreational fishing. There will not be ing—nothing at all—to bring water in Sacramento Bee. This is not known for a fishery left because of the bill that because all of the language that would any type of liberal editorializing. was dropped from the ceiling at mid- deal with desalinization and high tech- ‘‘But no one should kid themselves. night, because someone wanted to take nology is already in the WRDA bill. This bill will result in damage to the water away from the salmon fishery That is a phony bill, and there is no environment. And it won’t end Califor- and give it to agribusiness, disgraceful. mandatory funding in it for those pur- nia’s water wars.’’ Why don’t we work together on get- poses. But what is mandatory is that, So we put that in the RECORD along ting more water? This is not a drought regardless of the situation, water will with all of the different fishing groups bill. It is called the California drought be pumped away from the salmon fish- that strongly oppose this. So we are bill. It is ridiculous. It has nothing to eries and toward big agribusiness. here, and everyone is calling me: Oh, do with increasing the water. All it There are some who say: Oh, why don’t let’s go home. Let’s go home. I want to does is move water from one place to we do this? It will be worse next year. go home. I really want to go home be- another, and the additional authoriza- Really? The agribusiness people have cause this is the end of my last term, tions on it—on the rider—are already already said that this is just a start. So but I can’t. Let the clock go. It will in the underlying WRDA bill. if we allow this to go on without people run out. But the fact remains, we have We don’t need this. It calls for desal. paying attention, we are opening up to take a stand against these midnight It calls for water recharging. It calls the door to more and more attacks. riders that drop from the ceiling that for recycling. So this is a phony name Mr. President, I would like to discuss attack Richard Nixon’s Endangered of the bill, California drought bill. It an editorial in the San Jose Mercury Species Act that we all supported for- does zero, zero, zero to help with the News on December 8, 2016, titled, ‘‘As ever until now. I guess it is easy to say, drought. All it does is it attacks the Boxer retires, Feinstein sells out the I support the Endangered Species Act fishing industry. That is it. Delta.’’ until someone says: Oh, there is an en- Thousands of jobs, because one Con- This editorial is very strong in favor dangered species. Then you say: Oh, gressman over there represents a little of the salmon fisheries. They say that never mind. No. No. No. district, and he is delivering to agri- this rider sells out to Central Valley You support it because you want to business. It is shameful. We stand here water interests. It guts environmental protect God’s creatures, and then you and we decry the fact that the widows protections. We will have devastating keep supporting it. You don’t attack it of the miners are getting the shaft— long-term effects on the Sacramento- on a rider that was dropped at mid- and they are. I stand with them. I ask San Joaquin Delta ecosystem. They night, never had a hearing on a bill my colleagues to vote no on a bill that talk about my stand on this, and they that has nothing to do with the subject contains language that will undo the note that I will not be here, and that I matter. What they did belongs in the salmon fisheries on the entire West am taking a stand on this. Energy bill, but they did not want to Coast. They call this rider, the one that put it in there. They wanted to put it I speak for MARIA CANTWELL, who takes the water away from the salmon in WRDA because WRDA is so popular. will also be down here to speak, I speak fisheries and gives it to agribusiness, WRDA is a beautiful bill, a beautiful for RON WYDEN, I speak for JEFF an ‘‘80-page document negotiated be- bill that I worked on that is going to MERKLEY, I speak for PATTY MURRAY. hind closed doors [which] allows max- be my legacy bill. We are apoplectic about this. You want imum pumping of water from the Delta

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.026 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6948 CONGRESSIONAL RECORD — SENATE December 9, 2016 to the Central Valley and elimi- on a beautiful bill that I worked on for [From San Francisco Chronicle, Dec. 7, 2016] nates’’—I am going to talk about this— 2 years with my colleague Senator STOP FEINSTEIN’S WATER-BILL RIDER ‘‘important congressional oversight INHOFE, and then say: I am really an- (Editorial) over building dams.’’ noyed because she is talking too much. Sen. Dianne Feinstein calls her rider to a I am going to take a minute on this. I am sorry. I apologize, but I am bipartisan water appropriations bill a way to I forgot to mention this. This bill—this going to talk until I am done, and the improve efficiencies and capture more supply rider that was added is called the Cali- Senator from Washington is going to from ‘‘wasted’’ river flows for California cit- fornia drought bill. It is way more than talk until she is done. ies, agriculture and the environment. Sen. that; it is how to kill the salmon fish- Don’t drop a midnight rider and de- Barbara Boxer, the author of the bill the eries in the west coast bill because it rider amends, calls it a ‘‘poison pill’’ and stroy the fishing industry and say that vows to filibuster it to death. doesn’t only kill them in California, it Congress will no longer have the abil- A more temperate read from President kills them in Oregon and Washington. ity to authorize the building of dams. Obama’s Department of the Interior: Fein- It kills thousands and thousands of The PRESIDING OFFICER. The Sen- stein’s drought rider would further com- jobs. That is why we put in the RECORD ator from Washington. plicate already very, very complicated fed- all the people in the salmon industry Ms. CANTWELL. Mr. President, will eral water operations in California with no who oppose this rider. the Senator from California yield for a clear gains. The department, and the White It also says—and this is amazing— House, are opposed, and rightly so. question? California’s two senators, both Democrats, that in 11 Western States over the next Mrs. BOXER. Of course I will. 5 years, the administration coming in are expected to battle it out in the Senate Ms. CANTWELL. Mr. President, to after the Water Resources Development Act will be able to singlehandedly author- the Senator from California, I thank (S612) with Feinstein’s California drought ize the building of dams, which, as you her for being here in this discussion rider sails through the House Thursday. The know, wreak havoc with the natural today about a very important public Senate fight may be Boxer’s last salvo before environment in our rivers and are very policy issue. she retires, and it is unclear she can marshal enough votes to block her own bill. The 700- expensive. It is December and most people know Congress has always been involved in page bill authorizes funding for dozens of that high jinks happen in December the authorization of dams because we water infrastructure projects around the around here. People want to go home. hold hearings. We ask questions. Why country and emergency aid for Flint, Mich., People are doing last-minute deals. which has lead-contaminated water. should we do it? Why shouldn’t we do I don’t know if the Senator from Feinstein defended her 90-page California it? We bring together all the parties, California knows, but the whole de- drought resolution as a needed defense and we make a decision. This rider regulation of Enron and the energy against an anticipated Republican effort to takes away the authority from Con- markets—that whole thing was a De- open up the Environmental Species Act for gress to authorize dams in the 11 West- major revisions next year. This might in- cember midnight rider kind of activity. ern States. clude allowing water contractors to increase All of these things happen because So I say rhetorically to Mr. MCCAR- pumping to levels that would benefit agri- they know that Members want to go THY: Do you really distrust your col- culture but devastate already threatened na- leagues so much that you no longer home. They think it is the last deal tive fish and essentially strip away hard-won and they can throw something in and protections for the environment. She teamed trust them to have anything to say up with House Majority Leader Kevin about whether a dam should be built or everybody will go along with it and blame it on, oh, I didn’t read the fine McCarthy, R–Bakersfield, to squeeze the not? Do you really want to take away package which authorizes $558 million for de- the authority from your colleagues to print. salination, water recycling, and storage call experts together to ask why this There are a couple of things in here (both dams and groundwater) projects, into dam is needed? What would the pluses that I just wanted to ask the Senator an end-of-the year bill. ‘‘If California is be if this is built? What would the from California about. I am going to going to grow, we must be able to provide minuses be? What would happen to talk later. I wanted to get over here prudent amounts of water to our people, and and ask her because she is a knowl- we can’t do that right now,’’ she said in a wildlife? What would happen to the en- telephone interview. vironment if it is being built on an edgeable person on this. First, this rider that was placed in Feinstein said she has drafted 28 versions earthquake fault? You may laugh at during the three years she has tried to pass that, but there was a proposal in the WRDA bill—is that in the jurisdic- such legislation. Northern California to build enormous tion of your committee? But is the rider a shield against worse leg- dams on earthquake faults. The only Mrs. BOXER. Absolutely not, my islation action or a blueprint to gut the En- reason it was stopped was congres- friend. As you know, it is in the juris- vironmental Species Act? McCarthy de- sional hearings. diction of your committee. It has abso- scribed the rider as a modest package of provisions to ameliorate the effects of Califor- Now President-Elect Trump will be lutely nothing to do with mine. I would say there are two pieces added that we nia’s drought, now in its sixth year. able to determine in the 11 Western Feinstein said the rider allows maximum States that have BLM land whether or have a little jurisdiction on, funding diversions within the legal protections of the not dams can be built, and Congress for desal, but that is already in the Environmental Species Act and the biologi- will have no say. base WRDA bill. So I can honestly say cal opinions (scientific findings) that guide But the answer to that is: Oh, but to my friend that this is a horrible federal water policy. The environmental they still have to fund it. Well, I have rider in and of itself. One of the other community and Boxer see it as the first and been in that dance before, and I know problems with it is it has gone through immediate step of a larger plan to divert how that works. Allow just a few dol- the wrong committee. That is right. It more water to San Joaquin Valley farmers belongs in the jurisdiction of the com- and Los Angeles area water users. lars in it, and it is on the books. This Drought and warming temperatures, one of bill is awful. It is awful, and I am so mittee which is yours and Senator the effects of climate change, are tipping off grateful to these newspapers in Cali- MURKOWSKI’s. mass extinction of the species in the San fornia that have called them out on it. Ms. CANTWELL. Mr. President, I Francisco Bay and its estuary. We have to Mr. President, I have a Republican would ask unanimous consent to have work to share water among people, farms Senator complaining that I am talking printed in the RECORD an article from and the environment of California—not try too long. What is the situation on the the San Francisco Chronicle that says, to benefit one interest with a midnight rider. floor? Can Senators speak as long as ‘‘Stop Feinstein’s water-bill rider.’’ Ms. CANTWELL. I would also like to they wish? This is a great article about how it ask the Senator from California if she The PRESIDING OFFICER. There isn’t the jurisdiction of this committee is aware that in this legislation there are no limitations. and how it is a rider, which is one of is also language—and I am not sure Mrs. BOXER. So I will continue to the most objectionable parts for our this is in the jurisdiction of your com- speak, and when I am done, I am done. colleagues because regular order wasn’t mittee either—giving the ability to It may be soon because I am getting a followed and it sets a bad precedent. have dams built in 17 States without little tired, but I will keep talking for There being no objection, the mate- initial overview by the U.S. Congress, a while. I say to everybody that I am rial was ordered to be printed in the without any other discussions. There sorry, but don’t drop a midnight rider RECORD, as follows: would be blanket authority given to

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.028 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6949 build dams in 17 States without the water to California farmers, with the over- the States are going to be told: You are input of cities, counties, constituents, whelming passage of a popular water infra- just going to have to build a dam. That interest groups, river constituents, structure bill. is it. We decided. The bill, which moves to the Senate, con- Then everybody calls us and says: fishermen. tains a legislative rider inserted by Fein- We have several projects we have stein and House Majority Leader Kevin Wait a minute, wait a minute, I don’t been discussing in the Pacific North- McCarthy, R–Bakersfield, that would allow want to dam the river or I want that west that I have been involved with the incoming Trump administration to in- stream to produce fish or I want that and have visited with many people to crease pumping from the state’s rivers by to flow downstream for people further talk about. People go methodically overruling biological opinions from fish and downstream, not right here. All of that through these issues and discuss them wildlife agencies that protect salmon, smelt has basically now been given over to in a collaborative way because there and other native fish that are nearing ex- someone else. tinction for lack of flowing rivers. are tradeoffs and every community has The nearly 100-page rider, filled with dense, I would also like to ask the Senator a different opinion. So the notion that technical language dictating operation of from California if she is aware of provi- we would forgo our own State’s ability California’s water system, blindsided retir- sions of the bill, as people are referring to raise questions here in the U.S. Sen- ing Sen. Barbara Boxer, who plans a last- to it, that jilt the taxpayers? I know ate about somebody building a dam in ditch effort in the Senate to block the entire there are a bunch of groups, Taxpayers our State—why would any Member Water Infrastructure Improvements for the for Common Sense and even the Herit- want to forgo their ability as a Member Nation Act, which she co-authored. age Foundation—all of these people are Boxer has rounded up support from Sen. of the U.S. Senate or House of Rep- Maria Cantwell, D–Wash., and other West basically calling out the ridiculous resentatives to provide their input on a Coast senators but will need 41 votes to pre- spending aspect of this California pro- dam being built on a river in their vent the bill from getting beyond the Senate. vision. State? Is the Senator aware of this pro- Killing the popular infrastructure bill is an I wonder if the Senator from Cali- vision? uphill climb, but Boxer said the vote will be fornia is aware that this basically au- Mrs. BOXER. Senator, I was just close. thorizes prepayment on construction On Thursday, the House passed the bill 360– obligations that basically are going to talking about it briefly, and I actually 61, with Bay Area Democrats powerless to misstated it, so I am glad I was cor- stop it. It authorizes billions of dollars in take millions of dollars out of the U.S. rected. This rider, dropped at midnight, water projects across the nation, including a Treasury. Just by passing this legisla- going on a bill that is a beautiful bill few for lead poisoning for the municipal tion, we would be taking money out of that I worked on for so long and that water system in Flint, Mich., and elsewhere. the Treasury, resulting in basically $1.2 the Senator from Washington has It also contains a raft of California projects, billion in receipts that we would have, worked on—and there are a lot of won- including rebuilding levees to protect Sac- but giving us a loss of $807 million. derful things in there. This rider went ramento from flooding, restoring wetlands to This is a provision in the bill that I reduce flood risk around San Francisco Bay, think has had little discussion, and through the wrong committee. The and reducing pollution of Lake Tahoe. issue you talk about, the ability of the House Speaker Paul Ryan, R–Wis., specifi- this sweetheart deal for people is going President of the United States to, by cally hailed the rider for delivering ‘‘much- to rip off the taxpayers, in addition to himself, authorize dams in the Western needed water relief to Californians.’’ McCar- all of this authorization that is in the States for the next 5 years anywhere in thy said the rider would prevent water front legislation. those States is unheard of, and it is in being ‘‘sent out to sea’’ by being left to flow Is my colleague from California your committee’s jurisdiction. It is in in rivers, and ‘‘will increase pumping.’’ aware of this provision? Feinstein said she introduced the rider to the jurisdiction of the Energy Com- Mrs. BOXER. I wish to say to my forestall worse legislation under the Trump friend that I was aware of the provi- mittee. I hope Senator MURKOWSKI is administration. But McCarthy and other San outraged as well. Joaquin Valley Republicans promised that sion, but I did not know the details of The fact is, the Senator is absolutely more such legislation can be expected next what you just said. My staff confirms right. We have a Senator and a Con- year, when it will no longer face a veto from that you are absolutely right. Are you gressman getting together and saying President Obama. President-elect Donald saying to me that water contractors that the Congress should be bypassed Trump has promised to turn on the taps for will be relieved of certain payments and have no say in where dams should the state’s farmers. and the Federal Government will be on The rider came out of years of closed-door the hook—Federal taxpayers? Is that be put, whether dams should be built at negotiations between Feinstein and powerful all, and it is in the jurisdiction of the San Joaquin Valley Republicans to address what you were saying? Energy Committee. It is not in the ju- California’s five-year drought. These efforts Ms. CANTWELL. What is happening risdiction of Environment and Public have repeatedly foundered over GOP insist- here is that people who are under cur- Works. ence on weakening protections for endan- rent contracts on water payments, Ms. CANTWELL. Mr. President, I gered salmon, smelt and other fish. they would be given a sweetheart deal thank the Senator from California for Feinstein and House Republicans insisted in deduction of their interest, which that the rider does not violate the Endan- would allow them to shortchange our that explanation. gered Species Act, because it contains lan- I also ask unanimous consent to have Treasury on revenues we are expecting. guage saying that nothing within the legisla- That is a big discussion and if every- printed in the RECORD another San tion shall violate existing environmental Francisco story from just yesterday law. body wants to take that kind of money where an attorney, Doug Obegi, basi- But Boxer and Bay Area Democrats said out of the Treasury and basically give cally says, to my colleague’s point that such general clauses will not override a sweetheart deal to people, then we about the midnight darkness of this, the bill’s direct authorizations that mandate should have that discussion. We should higher water deliveries. that the densely technical text ‘‘explic- have that discussion and understand ‘‘When an act of Congress specifically su- that this is what we are doing, bless itly authorize[s] the Trump adminis- persedes peer-reviewed biological opinions tration to violate the biological opin- that are the very mechanism of how the En- that, and hear from our appropriators ions under the Endangered Species dangered Species Act gets implemented, that that this is a worthy thing to do for Act.’’ is a grave undermining of the act,’’ said Rep. some reason. I can’t imagine what that There being no objection, the mate- Jared Huffman, D–San Rafael. reason would be, given that we are rial was ordered to be printed in the Doug Obegi, a water lawyer with the Nat- shortchanged here, and every day we ural Resources Defense Council, an environ- are talking about how to make ends RECORD, as follows: mental group, pointed to three sections of [From sfgate.com, Dec. 8, 2016] meet with so little revenue. So I don’t densely technical text that he said ‘‘explic- know why we would give a bunch of HOUSE OKS BILL TO INCREASE PUMPING FROM itly authorize the Trump administration to STATE RIVERS; FISH AT RISK violate the biological opinions under the En- contractors this ability to cost the (By Carolyn Lochhead) dangered Species Act.’’ He said there is no Treasury so much money by giving question that if the bill is enacted, ‘‘it is them a sweetheart deal. I will enter WASHINGTON.—With the help of Sen. Dianne Feinstein, D–Calif., House Repub- going to be headed to court. It is wholly in- something into the RECORD about this. licans moved closer Thursday to achieving consistent with state law.’’ As someone said, it would really cause their long-sought goal of undermining the Ms. CANTWELL. So in the dark of very substantial headaches for Treas- Endangered Species Act to deliver more night—I think that is the part where ury, OMB, and various agencies.

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.029 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6950 CONGRESSIONAL RECORD — SENATE December 9, 2016 Again, I think, in the event of some- before you came—was signed by Presi- earmarks and riders that Taxpayers for body thinking it is December and peo- dent Richard Nixon, for God’s sake. Common Sense, the Heritage Founda- ple want to go home for the Christmas This is not a partisan thing. These are tion, and all of these people object to holidays, people aren’t going to read God’s creatures. I will quickly show as the worst of the worst of Congress. the details of this legislation. I hope you this and then take another ques- Mrs. BOXER. Right. I would say this: our colleagues will read this detail be- tion. I showed the bald eagle and sev- I did hear, along with my colleague, cause I don’t think we can afford to eral other species. If there had been ELIZABETH WARREN describe it. She de- cost the Treasury this much money. shenanigans like this, Senator CANT- scribed it a little bit like this. You Mr. President, I also ask my col- WELL—oh, well, we are not going to lis- take a beautiful bill like WRDA. For league from California: I assume you ten to the science; we are just going to the most part, it is not perfect, but it have had a lot of discussion with our do what we want to do—we wouldn’t is a pretty darn good bill. Then you put House colleagues about their earmark have the bald eagle. We wouldn’t have a pile of dirt on top of it, which I call rules. I think one of the reasons the these creatures I showed. the McCarthy rider, and then you stick WRDA bill is something people support Senator, the fact is that what you a little Maraschino cherry on top, is that it is a list of projects that have are fighting for is not only your State, which is Flint, and a couple of other been approved by various agencies and not only for jobs, but you are fighting good things, and you say: OK, eat the organizations. for the larger point—that in the dead dirt. That is another way of explaining Mrs. BOXER. That is right. of night, you don’t do a sneak attack it. Ms. CANTWELL. Has this project on one of the landmark laws that you My friend is right. What is the mes- been approved by any of those agencies and I so strongly support. sage if we don’t fight this darn thing, or organizations? Ms. CANTWELL. Mr. President, I perhaps defeat it, and get it stripped Mrs. BOXER. Well, not only is it this wish to ask the Senator from Cali- out. We have an amendment to strip it whole notion of moving water from one fornia—because there is another ele- out if we could get to it. interest. I would call the salmon fish- ment she is alluding to—about how to What we are essentially saying to all ery a critical interest—not only in my resolve water issues. While my under- the people, the stakeholders in the State. That is why I hate that it is standing is your committee is very in- water wars, is this: You know, what is called the California drought. It im- volved in basically the Federal Govern- important is to your clout. Give pacts not only California’s fishing in- ment programs that help communities enough money to this person, agri- dustry, but it impacts Washington’s around our country deal with water in- business and maybe you can control and Oregon’s. This is why—save one— frastructure and clean water, the larg- him, or give enough money to this per- all of our Senators on the west coast er issues of how a community settles son and maybe you control her. The bottom line is we need to bring are strongly opposed to this. Don’t call these disputes about water on Federal everybody to the table because my it California water. land has really been the jurisdiction of friend and I understand a couple of But the fact of the matter is that the Energy and Natural Resources things. The water wars are not going to this has not been looked at in any way. Committee. Whether it is the money, whether it is But my understanding is that this be solved unless everyone buys in. There are ways we can do this. We have what it does to the fishery, no one has bill is also trying to weigh in on dis- done this work before. We can reach really looked. There hasn’t even been a putes as it relates to the larger Colo- agreement, because if we don’t, what hearing about this specific bill. I know rado basin. I know my colleague from happens? Lawsuits. Let me just be your committee has looked at a lot of Arizona is very concerned because his clear. There are going to be lawsuits ways to help with the drought. views weren’t heard. I know this is a and lawsuits and lawsuits because this I compliment my friend from Wash- big fight as a result of the language is a clear violation of the Endangered ington, Senator CANTWELL, and Sen- that is in here on the southern part of Species Act. Some colleagues say: Oh, ator MURKOWSKI. You have come up our country, where there is also a no, it isn’t. It says in there it is not. with real ways to work with every water dispute, and various States are Well, very good, let’s say we loaded a stakeholder and not continue these ab- debating this. weapon and we dropped it on another surd water wars where we take money I remember when our former col- country, and they said: This is war; away from a fishing industry—that is a league Tom Daschle was here, and you just dropped a bomb on us. We noble, historic fishing industry and there was a whole big fight on a river said: No, it isn’t. We said we weren’t tens of thousands of fishermen who issue that the Upper Midwest was con- declaring war on you. It is the action support their families—and giving it cerned about. If my understanding is that counts, not what you say. A rose over to big agribusiness. That is not correct, basically what we are trying is a rose, as William Shakespeare once the way you want to approach the to do in this legislation is, instead of said—call it any other name. drought, I say to the Senator. It is not having the collaborative discussion This is an earmark. This is wrong. the way I want to approach the among these various States to work to- This is painful. This violates the En- drought. gether to resolve it, they are basically dangered Species Act. This is going to I would never be party to picking a saying: No, no, no, we can just put an lead to the courthouse door. That is winner and a loser. That is not our job. earmark rider in and instead make all why my friend and I are not very pop- Our job is A, to make sure there are the decisions for everybody and choose ular right now around this joint be- ways through technology to get more winners and losers. So it is not just a cause we are standing here and people water to the State that needs it—most- Pacific Northwest issue—of San Fran- want to go home. They are annoyed. ly California at this point—and for all cisco, Oregon, and Washington—but Why is she still talking? of us to work together to preserve that also relates to challenges we have on Well, I am still talking. I don’t want salmon fishery. The salmon doesn’t the Colorado River and challenges in to. know when it is in California, when it the southeast part of our country. I say to my colleague, I ask her a is in Washington, when it is in Oregon. Basically, it sets up a discussion in question on my time, which is this: Let’s be clear. We need to protect it. the future of why would you ever re- Does she think it is really painful for I am just so grateful to you for being gionally get together to discuss any- me to have to filibuster my own bill? on this floor today because your rea- thing if you could just jam it through Ms. CANTWELL. I thank you for sons for being here, first and foremost, in the legislation by, basically—as our your steadfast leadership in the Sen- are that you are protecting jobs in colleague ELIZABETH WARREN said— ate. As to the fact that you are retir- your State. Second, you are protecting putting a little cherry on top and geting, you are certainly going to be the environment in your State. Third, ting people to say: Oh, this must really missed. I am sure you would like to you are protecting the rights of the be good. Then the consequences of this have legislation on the water resources States, the tribes, and the municipali- are that the thorny, thorny issues of pass. I think you brought up a very im- ties to have something to say over this. water collaboration aren’t going to be portant point: Strip out language for You are protecting the Endangered about the current rules of the road or which there is bipartisan support ask- Species Act, which—as I pointed out collaboration. It is going to be about ing for it to be stripped out. And there

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.031 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6951 is bipartisan support asking for it to be doing anything, an attack on anything, that this is dangerous. Yet all we are stripped out because people with true and I never would. It is not my way. asking for is a simple amendment to water interests have not been allowed I am going to ask unanimous consent strip out a midnight rider, and the Re- to have their say. right now, Senator CANTWELL, without publicans object. We could get this done today—be losing my right to the floor and mak- In that rider, it takes away the right done with this and be on our way. ing sure I get the floor back; is that of Congress to approve dams. So wheth- I think, for our colleagues who want correct? After I make a unanimous er it is in Colorado or Wyoming or Cali- us to be done, there is an easy path for- consent request, I assume I would still fornia or Washington or Oregon or ward—a very easy path. Just strip out have the floor under the rules. Montana—and there are many other the language on California and send it The PRESIDING OFFICER. It de- Western States—the President-elect back. pends on what the unanimous consent will have the right to determine where Mrs. BOXER. Mr. President, since we request is. to put a dam. He will have the ability, are kind of reversing things, I ask Mrs. BOXER. The request would be to for the first time in history, to author- unanimous consent that my friend con- strip the rider out. My colleagues look ize the building of dams. And the an- trol the time right now. perplexed. We have been talking about swer comes back from those who sup- The PRESIDING OFFICER. Is there a 98-page rider that was added to the port the rider: But Congress has to ap- objection? WRDA bill, and we have filed an propriate. Mr. BARRASSO. I object. amendment to do that. Well, we know where that goes. I The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. It is not have been here a long time. All you tion is heard. in order. need is a little appropriation every Mrs. BOXER. OK, I will just hold the Mrs. BOXER. Excuse me? year, and the deal continues. floor forever. That is fine. The PRESIDING OFFICER. This re- So we have a circumstance on our I say to my friend, you have been quest is not in order. hands. I know people in the Senate are through these kinds of wars before Mrs. BOXER. A unanimous consent really mad at me right now. What a when you were standing alone trying request is not in order? perfect way for me to go out. I was a to stop drilling in the Arctic. I remem- The PRESIDING OFFICER. It is not pain in the neck when I came, and I am ber all of our colleagues saying: Oh, my in order to strip out House language by a pain in the neck when I go. God, this is terrible. This drilling in unanimous consent. Ms. CANTWELL. Mr. President, I the Arctic is on the military bill. Imag- Mrs. BOXER. Then I would ask have a question for the Senator from ine—drilling in the Arctic. They put it through the Chair, what would the ap- California. on the national defense bill. propriate language be to get unani- The irony of this situation—first of My friend was approached, and she mous consent? Is it to allow an amend- all, I appreciate the Senator from Cali- was told: Senator, you are going to ment to do that? Would that be the fornia, because she is such a stalwart bring down the entire defense of this right way to go? in so many different ways on so many country if you don’t back off. The PRESIDING OFFICER. A motion different issues. What people may not My friend said: I don’t think so. All to concur with an amendment. know about the colleague we love dear- you have to do is strip this Arctic Mrs. BOXER. So we could ask for ly is that she is greatly theatrical. She rider, and we are done. that by unanimous consent—to have has a beautiful voice. She writes music. Am I right in my recollection of such an amendment, and I want to She obviously lives in L.A. and prob- that? make sure that after I make that, I ably hobnobs with all sorts of people in Ms. CANTWELL. The Senator is cor- would not lose the right to the floor. the entertainment industry. She sang rect. It was December and the same The PRESIDING OFFICER. That is beautifully the other night at our kind of scenario. Basically, jamming correct. goodbye dinner for the retiring Mem- something onto a must-pass bill was a Mrs. BOXER. Thank you. bers. way that somebody thought this body UNANIMOUS CONSENT REQUEST This reminds me of that movie would just roll over. In the end we So on behalf of my friend from Wash- ‘‘Chinatown.’’ There was a famous didn’t. We sent it back to the House, ington and myself, I ask unanimous movie that Jack Nicholson was in that and the Defense bill was passed in very consent that we be allowed to offer an was all about the corruption behind short order. amendment to strip a rider that was water—— In fact, it is the exact same scenario. placed on the bill by KEVIN MCCARTHY Mrs. BOXER. And Faye Dunaway, The House had already gone home, and in the House, and it is 98 pages, and it just so you know. I think they basically opened up for is in the House bill. It is called the Ms. CANTWELL. Yes, and Faye business again and passed it with two California draft provision. I ask unani- Dunaway. So Jack Nicholson and Faye people in the Chamber. So it can be mous consent that we be allowed to Dunaway did a movie a long time ago done. It has been done. If people want have an amendment to strip out that about the water wars in California; am to resolve this issue and go home, then language. I correct? strip out this earmark rider language The PRESIDING OFFICER. Is there Mrs. BOXER. Yes. and we can be done with it and we can objection? Ms. CANTWELL. So it was a movie have the WRDA bill and we can be Mr. BARRASSO. Mr. President, I ob- about the fight between Southern and done. ject. Northern California about who gets So I think that what my colleague is The PRESIDING OFFICER. Objec- water, and then people found out that suggesting—because it isn’t really even tion is heard. there was so much corruption behind the authority of the WRDA com- Mrs. BOXER. That was a good test. the deal that basically people were try- mittee—is that she probably would be We can see where this is coming ing to do a fast one. glad to get language that is not her ju- from, I say to my friend from Wash- So the subject, if I am correct—that risdiction off of this bill and commu- ington. All we are asking for is to go is what the subject of the movie is nicate to our House colleagues that back to a bill that we worked on for al- about. This is not a new subject; it is a this is the approach that we should be most 2 years, and now we are looking very old subject. The question is, are taking. at a situation where we will be harmed people trying to supersede a due proc- So I would like to ask through the in many ways by this rider. ess here that consumers—in fact, I Chair if, in fact, the Senator from Cali- When I say ‘‘we,’’ I mean our States. would ask—I hope the ratepayers and fornia understands that that kind of We have thousands of salmon fishery constituents of the utilities in Los An- approach on earmarks is something jobs that will be lost. We have a frontal geles would be asking the utility: What that she has heard a lot about from our attack on the Endangered Species Act, are they doing lobbying against the House colleagues, about how opposed which has been called out by every Endangered Species Act? My guess is they are. major environmental group in the there are a lot of people in Southern Mrs. BOXER. Yes, I have. I wish to country. We have letters from every California that have no idea that a say, since our friend is here—I am not salmon fishery organization saying utility would lobby, spend their public

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.032 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6952 CONGRESSIONAL RECORD — SENATE December 9, 2016 dollars lobbying against a Federal stat- for authorization because we are the various resources that have to be nego- ute by undermining it with a rider in ones who deal with the Bureau of Rec- tiated, if somebody can be let off the the dark of night. lamation and the public land issues. Is hook because you are just going to kill But I wanted to ask my colleague: that the understanding of the Senator fish instead, then you have more water. This issue is a historic issue in Cali- from California as well? Sure, if you just want to kill fish in fornia, correct? And when it is done in Mrs. BOXER. Absolutely. What is streams and give all the money to the dark of night, as that movie de- such a joke is that my Republican farmers, of course you have more picts, what happens is that the issues friends, who were just objecting to our water. Then, no one in the Colorado of public interests are ignored and con- having an amendment to take this ear- discussion has to keep talking about sequently people are shortchanged. Is mark off, always give big speeches what are we going to do about drought. that the Senator’s understanding? about how Congress is putting all of I think the Senator from California Mrs. BOXER. Yes. I wish to yield my these earmarks in. Well, this is a clear is going to tell me that drought is not time to my friend. But here is what I earmark because it is directing a going away; it is a growing issue of am going to say right now. The Sen- project to run in a certain way and di- concern, and so we actually need more ator from Washington is absolutely verting water to a special interest and people to discuss this in a collaborative right that this issue has been around taking it away from the fishery. There- way than in an end-run way. California for a very long time. So I fore, by its very nature, it is giving a Am I correct about the partners and will yield my time to the Senator from gift of water to big agribusiness and all of that discussion? Washington—I yield for a question. I letting the salmon fishery just go Mrs. BOXER. My friend is very can’t yield the full time; I can yield for under. knowledgeable and very smart. People a question. I would say to my friend that the tend to look at a provision, I say to my But the answer to the other question reason she is down here is that this is friend, in a very narrow way. They say: is of course the Senator is right. She not just about California. The provi- Oh, what is the difference? It doesn’t talks about the movie ‘‘Chinatown.’’ sion is called California drought. It is matter. But my friend is right on the Do you know what year? I think it was not about the drought. It doesn’t cure bigger picture. If all the fishery dies the 1980s, a long time ago. I remember the drought. and all of the jobs with the fishery die it well. It was about the water wars, Yes, my friend is right. Every provi- and there is no demand for the water and it resulted in people dying. It was sion, including the one about giving for the fish anymore, my friend is corruption. It was about who gets the President-Elect Trump the right to de- right. That relieves the discussion. So, yes, you know what it reminds water rights. cide where a dam will be built and tak- me of, I say to my friend. I don’t know Here is the deal: Here we have our ing it away from Congress, that all be- if she agrees with this analogy. But I beautiful State and, as my friend longs in the jurisdiction of the Sen- remember once when they said: Let’s knows, because of the miracle of na- ator’s committee. I am surprised Sen- raise the retirement age for social se- ture, Northern California gets the ator MURKOWSKI isn’t here because this curity because people are working water; Southern California—it has been is a direct run at her as well as the longer and it will help the Social Secu- called a desert. So we have always had Senator from Washington. rity trust fund. a problem. Ms. CANTWELL. Mr. President, I Well, if you take that, my friend, to When I came to the Senate, we had 18 would ask the Senator from California the ultimate, why don’t we say people million people, and now we have 40 mil- then, the question is on this process of should work until they are 90? Then lion people. So we have urban users, deciding the authorization. I notice we there won’t be any Social Security suburban users, rural users, farmers, had a few colleagues here who were—I problem because everyone will die be- and fishermen. We have to learn to don’t know if they were coming to fore it kicks in. It is the same analogy work together. Do we do that? Not the speak—but in the Senator’s region, here: You kill off all the fish and the way KEVIN MCCARTHY did it, which is a there is a lot of discussion among the entire salmon fishery, then all you grab for big agriculture, which de- Western States on how to balance have is agriculture demanding water, stroys the salmon fishery and is going issues on water; is that correct? There and then they will try to step on the to bring pain on the people who drink are a lot of meetings and discussions? urban users and suburban users and the the water from the delta because it is Mrs. BOXER. Well, we have no rural users and say: We are the only going to have a huge salt content that choice, because, as the Senator from thing that matters. And they are al- has to be taken out before they can Washington knows, my State gets a lot ready using, under most analyses, 80 drink it. So this is the opposite of what of water out of the Colorado River. It is percent of the water in my State. ought to happen. under a lot of stress. We have a lot of So you are right. You kill off the I yield back to my friend for another problems. My heart goes out to every fishery, then that is one less stake- question. single stakeholder in my State. That is holder to care about. You tell people Ms. CANTWELL. On that point, in why I am so chagrined at this, because ‘‘Don’t retire until you are 90,’’ the So- the process for discussing these water we all have to work together, I say to cial Security trust fund will be very vi- agreements, the Senator from Cali- my friend, in our State. brant. fornia is saying they don’t belong in We are all suffering because we don’t Ms. CANTWELL. Mr. President, as her committee, and they have been have the water we need. But the way to the Senator from California knows, one controversial over a long period of deal with it is not to slam one com- of the States concerned about this is time, and the best way to do this is not plete industry called the salmon fish- Arizona because they have kind of been through an earmark, which this is—the ery, which not only impacts my State left out of that discussion. It also says notion that the House of Representa- but the Senator’s State of Washington to people: You don’t have to have these tives is jamming the U.S. Senate on a and Oregon was well. discussions amongst everybody to- half-billion-dollar earmark is just Ms. CANTWELL. I have a question gether; you can just write it into law. amazing to me because of the water for the Senator from California be- My understanding is that our col- agreements that people have nego- cause some of our colleagues that were leagues from Florida and Alabama also tiated and that have passed through here—my understanding is if you can have a similar concern. People are try- these committees and that have been get water from Northern California by ing to use the legislative process to un- agreed to. They are not letting those just agreeing to kill fish and not meet- balance the negotiations so they can go, but they are letting this particular ing those obligations, then Southern legislate instead of negotiate. Not only earmark go, and sending this over. But California can take some of that water are they trying to legislate instead of the normal process would be for these as well. Then, the consequence is these negotiate, they are trying to use ear- Federal agencies and communities to Western States, which might be sup- marks to do it and overrule existing work together on a resolution, and porting this bill, have less obligation law. then if resources were asked for, they to make more conservation efforts. So am I correct, to the Senator from would come through, I believe, the En- So, in reality, if you are talking California—are we going to get any- ergy and Natural Resources Committee about the Colorado River and all the where with getting California more

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.034 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6953 water if, in fact, this ends up in courts you can get that out of the House of salmon fishery and destroy the salmon and it is stayed, and you really won’t Representatives. But in reality, you fishery. Then, as my friend points out, get any water in the next few years? are not in good shape if you don’t actu- in years to come: Well, isn’t that a I should make a footnote for my col- ally get water because you end up in a shame? There are no more salmon fish- league from California. Thank you for lawsuit for so many years, like San eries, so we get all the water. In the your compliment. Joaquin. meantime, we are eating farmed salm- I had to chair a 3-hour hearing once Is that where we are going to head on on, and all these people are out of work on the San Joaquin River settlement. this? and their families are devastated after It was about 18 years of dispute on Mrs. BOXER. I say to my friend, she a way of life they have had for a very what to do about the San Joaquin is so smart on this. Of course that is long time. water. Because of that, I learned a lot where we are headed. And I encourage So my friend is very prescient on the about the fights in California and all of this. If this happens and the Senator point, and she talks about the reality. the problems that California had then. and I are not successful and this winds We are here. We are not dreamers. We This was at the time my colleague Tim up to be the law of the land—a provi- are realists. We know what happens in Johnson was the chair of that sub- sion added in the dead of night that the water wars. committee and had been stricken ill, forces water to be operated in a certain I continue to yield to my friend. and they asked me if I could step in. I way that violates the biological opin- Ms. CANTWELL. Mr. President, I had no idea I was going to spend 3 ions on fish, that violates the science— would ask my colleague—again, I don’t hours hearing about 18 years of litiga- I hope they take this to court day one. think this is in the jurisdiction of her tion. That is right—18 years of litiga- I don’t care; say whatever you want: committee. That is why I am asking— tion on the San Joaquin River. Basi- Oh, this isn’t a violation of the Endan- if we did want to pursue with the Bu- cally, people came to that hearing that gered Species Act. Really? Clearly it is. reau of Reclamation the notion that we day—which is now probably 10 years The Senator is absolutely right. should do more underground water ago—to tell me it was not worth the 18 Eighteen years in court over an agree- storage, again, that would be some- years of litigation. They had deter- ment. That is another reason I am to- thing we would authorize. That is what mined that while they could sue each tally stunned at this. But I think it is I want to ask the Senator, if that is, in other all they wanted, that getting to a about what my friend said—who has fact, the case. resolution about how to move forward the most juice, who has the most power My understanding—because we have on water had to be a much more col- to sit down and get someone who is a to deal with this so much in the Pacific laborative solution to the process. Senator or a Member of the House to Northwest. We are a hydro State which Secondly, I would mention to my col- add language? It is a nightmare. has affordable electricity, but we get it league from California and see if she The reason we have been obstrep- out of a snowpack that comes in the knows about this—the same happened erous, the reason we are standing on wintertime. Now that the climate is on the Klamath Basin, which is legisla- our feet, the reason we didn’t yield to changing and it is getting warmer, we tion we passed out of committee and other people is we are trying to make don’t have a large snowpack, so one of tried to pass here. The Klamath Basin a simple point. The Senator shows it the ways to store that snowpack— basically said: Let’s negotiate. with her chart. which would be great to do—would be The various people in that dispute For all the people who said we to have underground aquifer storage. I had a dispute and actually went to shouldn’t do earmarks, this is such an think that is an idea Stanford Univer- court, and the regional tribe won in the incredible earmark, it actually tells sity has signed off on. They basically court and basically didn’t have to do the Federal Government how to oper- signed off on it because they said it anything more on water issues but de- ate a water project—it is extraor- was the most cost-effective thing for cided that, in the good interest of try- dinary—and to walk away from a bio- the taxpayer and had the most imme- ing to have a resolution, it was a good logical opinion from the science. Of diate impact. idea to come to the table and try this course it is going to wind up in court. What the Senator was just saying collaborative approach. I hope it does. What I would rather do about rain—if you get a lot of rain I was mentioning my time chairing a is beat it. What I would rather do is get right now—because it is not snowpack. 3-hour hearing on the San Joaquin it out because it is only, as my friend If it is rain, store it, just like we were River settlement that people had come said, going to encourage more similar storing the snowpack, but now store it to after 18 years of fighting each other types of legislating, where people have in aquifers underground, and that in court. They came and they said: Oh, the power and the money and the ear of would then give us the ability to have we have a settlement. The point was, a Senator to call up and say: You know more water. Stanford is like: Yes, yes, we tried to litigate and sue each other what. I am having trouble in my agri- yes, this is the best thing to do. And for 18 years and we didn’t get any- business. I need more water. this is what I think your State is try- where, and now we have a settlement It is ridiculous. We are all suffering ing to pursue. and we would like to move forward. in this drought, I say to my friend. In that regard, I don’t even think My point is, the best way for us to California is in a drought. There is a that is the jurisdiction of the Senator’s move forward on water issues is to lot of rain coming down in the north, committee, if I am correct, but is that have everybody at the table and come very little in the south, and I pray to an idea that you and California would to agreements because there are a lot God it continues. I do. We have been pursue as a way to immediately, in the of things you can do in the near term getting a lot of rain so far, but I don’t next few years, start a process for get- while you are working on water in a trust it at all. ting water to the Central Valley and to more aggressive fashion to get to some There are two ways to meet this various parts of California? of the thornier issues. But if you basi- challenge. One way is to figure out a Mrs. BOXER. Without a doubt. My cally try to litigate and legislate in- way to get more water to everyone. friend is right. It is not like we are stead of negotiate, you end up often- That means taking the salt out of dealing with a subject matter that has times just getting litigation, like what water—and we do it. I have toured the no solutions, and science has shown us happened with the San Joaquin. So you desal plants, and it is very encour- the various ways to do it. Certainly un- never get a solution and people don’t aging. One way is to take the salt out derground storage is fantastic, re- have the water. You end up not having or put more water in the system. An- charging. There are all these things we a resolution, and the whole point is to other way is to recycle. Another way is know—recycling, conservation, and get people water. conservation. Another way is water re- desal. These are just some thoughts. So does the Senator think that is charging. We know how to do it. The My friend is right: The jurisdiction is where we are headed if we end up just Senator is an expert. All of this is in mostly in her committee. We may have trying to tell people: You can legislate. her committee, which was bypassed. a few things to do. Wonderful. But that Well, it sounds interesting, and if you The other way to do is the wrong way is not the important point. To me, the get somebody to write an earmark for to do it, which is take the side of one important point is here we have—and I you, you are in good shape, I guess, if business group—agribusiness—versus a am going to sum it up and then I will

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.035 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6954 CONGRESSIONAL RECORD — SENATE December 9, 2016 yield the floor and hope my friend will to strip out this controversial provi- gether on Sunday morning, is it that take the floor because I need to run sion and send it back to the House in a important? Well, it was. There were and do 17 things, and then I will be clean bill. probably 50 or 60 different interests back. In addition, as I mentioned, section meeting with us—the Bureau of Rec, Here is the situation. We have a 4007 authorizes the Secretary to pay up the Secretary of the Interior, Congress- Water Resources Development Act bill. to one-quarter of the cost of State man Hastings, me, and many other in- It passed here with 95 votes. Nothing water storage in any of these 17 rec- terests, and we talked about what do passes here with 95 votes, even saying lamation States. The Secretary would we want to do with the Yakima Basin. ‘‘Happy Mother’s Day.’’ It is a beau- have to notify Congress within 30 days There has been great pride that I tiful bill, my friend. Is it perfect? No. after deciding to participate. have had to offer legislation, along But it was very good. For my State, for These issues on our process are going with my colleague Senator MURRAY, on the Senator’s State, it was very good. to make it much harder for us in the how to move the Yakima Basin project Now, it is moving through the House, future to not have the taxpayers pay- forward in the U.S. Senate. I say with and in the middle of the night, without ing for projects that are nothing but ‘‘pride’’ because it was a collaborative anyone even seeing it, this horrible further litigation in the process. Why effort. These are people who do not poison pill amendment is added which is collaboration so important? Collabo- agree with each other, who have fought essentially is a frontal attack on the ration is important because these are each other, who basically probably dis- salmon fishery and all the people who thorny issues. There are lots of dif- agree on the most essential elements of work in it not only in my State, but in ferent national interests at stake and a their viewpoint, and yet reached con- the Senator’s State and Oregon. So all lot of local interest and a lot of jobs. sensus—delighted in their resolve—and of the Senators, save one, are apoplec- My colleague from California, probably came forward with legislation to say not in the last hour that we have been tic about what it means to jobs and this is how you should deal with our discussing this but probably earlier in what it means to tradition and what it water problems in a drought when your the afternoon, mentioned the huge means to have wild salmon. It is very State has both farming and fishing amount of Pacific West Coast fisheries important. So it is a frontal assault on needs. that are also opposed to this bill, and the industry; it is a frontal assault on Our Governor got behind it, Governor Trout Unlimited which is opposed to the ESA; and it is a frontal assault on Inslee. Other people got behind it. I this legislation, and various fishing the notion that there are no more ear- have been at several forums. National groups and organizations because fish- marks. organizations, California institutions ermen want to have rivers that are Then it has another provision cutting are holding up the Yakima deal as the functioning with clean water and the Congress out of authorizing new example of how water management enough stream flow for fish to migrate. should be done in the future. Why? Be- dams in all of the Western States for The fishing economy in the North- cause it was holistic. That means it in- the next 5 years. This is dropped from west, I can easily say, is worth billions. cluded everything on the table. It was the ceiling into the WRDA bill. Anybody who knows anything about Now, I stand as one of the two people the Pacific Northwest—whether you a regional approach and everybody who did the most work on that bill say- are in Oregon or in Washington, maybe came to the table, and because it didn’t ing vote no. It is very difficult for me. even Alaska—the pride of our region is try to solve every single problem up But I think it is absolutely a horrible the Pacific Coast salmon. The Pacific front but came to what we could agree process, a horrible rider. It is going to Coast salmon is about having the abil- to today and move forward—because it result in pain and suffering among our ity to have good, healthy rivers and would claim some water that we need fishing families. stream flow. For us in the Northwest, now. The fact that the Yakima project be- With that, I thank my friend, and I this is an issue I can easily say we have yield the floor. at least 100 Ph.D.s on; that is to say, came such a milestone, our colleagues The PRESIDING OFFICER. The Sen- the subject is so knowledgeable, so for- in Klamath, OR, did the same things: ator from Washington. mulated, so battled over, so balanced They worked together in a collabo- Ms. CANTWELL. Mr. President, I that it would be like having 100 Ph.D.s rative fashion and tried to discuss thank the Senator from California for in the subject. That is because we have these issues. I would say, for the most her steadfast support of doing the right a huge Columbia River basin, and be- part, all of these issues have been, with things on clean water and clean air and cause the Columbia River basin has these discussions in the past that our for focusing on this issue for her State many tributaries and because the salm- colleagues bring legislation to the U.S. because ultimately she wants water for on is such an icon, it needs that basin. Senate, very rarely has somebody her State. She knows litigation is not We also have a hydrosystem, and we brought language without everybody the route to get it. She knows that also have an incredible agriculture locally working together and agreeing. there are things we can be doing here business in our State. I think we are up I don’t know of times when my col- but that we have to get people to sup- to something like—when you take vari- leagues have brought legislation where port that. So I thank her for her obli- eties of agricultural products, some- they are basically just trying to stick gation to making sure her constituents thing like 70 different agricultural it to one State or the other—except for get real results. products—we, too, have to balance fish, now, this seems to be the norm. This This rider is a giveaway to projects farming, fishermen, and tribes, the seems to be what we are being encour- that are basically described as dead- whole issues of our environment and aged to do today. The California beat dams, projects in California that recreation and the need for hydro, and project is one in which we wish that are opposed by tribes and fishermen balance that all out. We have to do they would seek the same kind of col- and sportsmen and environmental com- that practically every single day. laborative approach to dealing with munities. Basically, it writes a blank It has been these kinds of decisions both fishermen, whose economy is im- check to them, allowing millions of that have taught us as a region and a mensely important in California, and taxpayer dollars to be used to con- State that by collaboration, we can get farmers who also are important but struct dams throughout the West with- results and move forward. I and one of should not have the ability to super- out any further congressional approval. my colleagues in the House who was sede these laws that are already on the That, in and of itself, should cause the former leader on the Committee on books. our colleagues to pause. You are going Natural Resources, Doc Hastings, prob- What they should do is learn from to go home and have to tell your con- ably now more than 10-plus years ago, the San Joaquin River proposal. You stituents all of a sudden that someone had regional discussions with then-Sec- can battle this for 18 years or you can is building a dam on a beautiful river retary of the Interior Salazar who resolve these differences and move for- in your State and you can’t do any- came to the Northwest, and we sat ward. When you can write an earmark thing about it. I would hope our col- down and we asked: What do we do and send it over here as a poison pill on leagues in those 17 Western States that about the Yakima Basin? a bill, you are hoping that you don’t would be impacted by this would do It was Sunday morning, and you have to sit down at the table and work something to help tell our colleagues would think that everybody getting to- in a constructive fashion.

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.036 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6955 It is very disappointing to me that that earlier for the RECORD. It basi- still some instability in that country some of the partners in this deal, as we cally said: Stop the Feinstein water as an effort to influence not only Mon- put ideas on the table to give 300,000 bill rider. It basically said that we have tenegro but the international commu- acre-feet to the farmers in the to work to share water among people, nity’s—the members of NATO—interest Westlands region over the next 2 years, farmers, and the environment, not try in completing the approval of NATO. give them 300,000 acre-feet of water to benefit one interest over the other Every member state of the alliance over the next 2 years while we are with a midnight rider. must approve any new member and re- working with them on an aquifer re- The press is watching. I think there quires votes in all states. Several have charge. Their answer back to us was: was a story today in the San Jose already voted to approve the accession We want to play our hand here and see newspaper as well. I don’t know if I of Montenegro into the alliance. if we can jam this through first. have that with me, but we will enter The reason I say this is extremely Basically, they don’t want to work in that later into the RECORD. Having important to get done now is because a collaborative fashion. They don’t other newspapers in California write Russia does not hold a veto on the ac- want to work with the region to find editorials on this is most helpful be- cession of new countries and new states solutions. They want to legislate some- cause it is bringing to light the kinds into the NATO alliance. They have thing that will lead to litigation. Liti- of things that are happening in the done everything they could to try to gation is not going to lead to more U.S. Senate that people all throughout interfere with this process. water, it is going to lead to longer the West need to pay attention to. I think the clear message is that the delays in getting water to everybody We wish that drought could be solved Senate is not going to be intimidated who needs it. so easily by just giving one interest by Russia and that we are going to I wouldn’t be out here spending this more resources over the other, but that stand by this alliance. We have a much time with our colleagues if it is not the way we are going to deal chance to do that within the next, I wasn’t for the fact that this issue is with this. If we have colleagues in the hope, few hours before the Congress just at its beginning. Drought has al- House who would rather steal water completes its work. ready cost our Nation billions of dol- from fish than fund aquifer recharge, I really wanted to underscore the im- lars, and it is going to cost us more; then we should have that debate in the portance of us taking action on the that is, drought is causing great issues U.S. Senate in the committee of juris- Montenegro issue. The Ambassador to with water, fish, and farming. It is also diction or even here on the floor as it Montenegro has attended our com- causing problems with fire. It is mak- relates to whose jurisdiction and fund- mittee meetings frequently and kept us ing our forests more vulnerable to the ing it really is. To stick the taxpayer informed on everything that has taken type of explosive fires that we have with the bill of paying for dams in 17 place. seen in the Pacific Northwest that States without any further discussion I had a chance to meet with many of wiped across 100,000 acres of forest land by our colleagues is certainly putting our partner states in regard to Monte- in just 4 hours. Those are the kind of the taxpayers at risk, and that is why negro. Many of these countries have al- things that hot and dry weather can taxpayer organizations have opposed ready taken action, but quite frankly, do. this legislation. it is U.S. action that will be the most Our colleagues need to come together If we want to get this done and if we significant. on what would be the process for us want to get out of here, let’s strip this It is important that we speak with a dealing with drought. The fact that language off and let’s be done with it very strong voice. If we don’t get it California has been the tip of the spear and send to our colleagues a clean done now, it will not be allowed to is just that; it is just the tip of the WRDA bill and be able to say to people come up until the next Congress, and spear. Everybody else is going to be that we did something for water this we have a new administration coming dealing with this in Western States. year, but we didn’t kill fish in the proc- in on January 20. I think it is impor- My colleagues who represent hot and ess of doing it. tant that we complete this process dry States already know. They have I yield the floor. now. It is strongly supported by the ad- had to deal with this from a collabo- The PRESIDING OFFICER. The Sen- ministration and by the Democrats and rative process. ator from Maryland. Republicans. The recommendation I hope our colleagues who care great- MONTENEGRO MEMBERSHIP INTO NATO passed our committee with unanimous ly about the fact that drought is going Mr. CARDIN. Mr. President, we have support. to be a persistent problem for the fu- been running the hotline on the acces- I thank Chairman CORKER for han- ture would come together with us and sion of Montenegro as a member of the dling this matter in a very expeditious say: We can get out of town tonight. NATO alliance. As a member of the and thorough way. We didn’t shortcut We can get out of town in the next few Senate Foreign Relations Committee, anything. We have gone through the hours. All you have to do is accept our the Presiding Officer knows we have full process. It is now time for us to offer to strip this poison pill earmark, held extensive discussions and hearings act. If we want to send a clear message which is costing taxpayers one-half bil- on NATO and the accession of Monte- that Russia cannot intimidate the ac- lion dollars, off the WRDA bill because negro as a member into the NATO alli- tions of the Senate or our partners, it is not even part of the WRDA juris- ance. then I think the clearest way we can diction and send back a clean WRDA Quite frankly, this is a very impor- send that message is to vote and make bill to the House of Representatives. tant matter for us to try to complete sure we complete action on the acces- That is what my colleagues on the before we adjourn this session of Con- sion of Montenegro before Congress ad- other side of the aisle want, and that is gress, and let me say why. Montenegro journs sine die. what we want. The only people who are has taken all of the necessary steps in I think it is pretty much clear that holding this place up are the people order to be in full compliance for join- both the Democratic and Republican who want to jam somebody in Decem- ing the alliance of NATO. We have very hotlines—there have not been any spe- ber at the end of a session because it is carefully reviewed their commitment cific objections I am aware of that have the way to get poison pill ideas done. in regard to their military, defense been raised by any Member of the U.S. People are taking note. I know the budgets, institutional changes they Senate to taking final action on this San Francisco Chronicle had a story have made, their willingness to take on issue. I know we have other issues about the House OKs a bill to increase the responsibilities as a full NATO interfering with the consideration of pumping from our rivers and putting partner, and quite frankly, they have some bills. I urge everyone to resolve fish at risk. There was a quote about endured outside interference which has those issues so this very important undermining the Endangered Species tried to compromise their ability to matter can be completed. Act. complete the process. As the ranking Democrat on the Sen- There was an editorial as well, I be- What do I mean by that? Montenegro ate Foreign Relations Committee, and lieve, from the same newspaper. I don’t recently had parliamentary elections, again working with Chairman CORKER, know that we have a quote from the and Russia tried to interfere with the I can tell you this is a very important editorial here, but I think I submitted parliamentary elections to try to in- step for us to take in this Congress,

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.038 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6956 CONGRESSIONAL RECORD — SENATE December 9, 2016 and I urge our colleagues to figure out Montenegro has been subject to a tin and bring him home and to bring a way that we can bring this to conclu- wave of anti-NATO and anti-western him home now. sion before Congress adjourns. propaganda emanating from Russia. WORK BEFORE THE SENATE As I said, I come to the floor to speak There are also allegations that a recent Mr. President, we have gotten quite a in support of the Senate providing its coup plan has Russian ties. Blocking bit done this week, but we are not fin- advice and consent to the Protocol to Montenegro’s ability to join NATO will ished yet. We passed a major medical the North Atlantic Treaty of 1949 on have real implications for how NATO is innovation bill, which contains not the accession of Montenegro. perceived—Russia does not get a veto only the Cancer Moonshot project ad- I have been a strong supporter of over the decisions of the alliance. We vocated by Vice President BIDEN and Montenegro’s bid to join NATO. It will need to send a strong message of re- the President but also other dramatic enhance our security. It will strength- solve. investments in the research and devel- en the alliance. And it will send a No country outside the alliance gets opment of lifesaving drugs. It also con- strong message of resolve to Russia as a veto over who gets to join—epecially tains a very important component of it invades its neighbors and seeks to Russia, so we must send a strong sig- mental health reform. upend the international order. Monte- nal. I urge my colleagues to pass this I was glad to contribute some to that negro may be a small country, but its resolution as soon as possible and get effort, particularly the part that has to inclusion in NATO will have positive it to the President so the President can do with the intersection of our mental repercussions across the continent and deposit the instrument of ratification health treatment regime and our will send an important message of hope at NATO in support for Montenegro’s criminal justice system. As I have to other aspirant countries. bid. learned and as many of us have learned Republicans need to take the modest I suggest the absence of a quorum. together, our jails have become the steps my colleagues, including Senator The PRESIDING OFFICER. The treatment center of last resort for peo- MANCHIN of West Virginia and Senator clerk will call the roll. ple who are mentally ill, whose condi- BROWN of Ohio, are asking for to take The senior assistant legislative clerk tion is not diagnosed. And if not diag- proper care of coal miners and their proceeded to call the roll. nosed, these people tend to get sicker families in this country. And then we Mr. CORNYN. Mr. President, I ask and sicker, until they become a danger need to move on the Montenegro NATO unanimous consent that the order for not only to themselves but potentially resolution—today. I am pleased to say the quorum call be rescinded. to the communities in which they live. that no one in the Democratic caucus The PRESIDING OFFICER. Without So we have made good progress, and has expressed any concern to me about objection, it is so ordered. perhaps thanks to the great leadership LEXANDER UR this resolution, and they are ready to CALLING FOR THE RELEASE OF AUSTIN TICE of Senator A , Senator M - pass it once our coal miners are taken Mr. CORNYN. Mr. President, re- RAY, Senator MURPHY, Senator CAS- care of. cently I met with the parents of Austin SIDY, TIM MURPHY over in the House, I stand here today in support of Tice, a constituent of mine in Texas and the leadership there, we can be NATO enlargement. The Senate For- who unfortunately was abducted in proud of that accomplishment. eign Relations Committee recently Yesterday we finished up our work on Syria a few years ago. Of course, his voted by voice vote in support of this the Defense authorization bill to help parents have been keeping the flame bid—unanimously with Republican and our troops both here at home and alive, hoping that Austin has survived Democratic support. And so even if Re- abroad, to make sure that they not the situation of his capture. publicans don’t take care of our miners only got a modest pay raise but that At their suggestion, last week when I today, and as a result we cannot pass they continue to be supplied with the was in Austin, they traveled over from this resolution, I fully expect my col- equipment and training they need in Houston to visit with me about a brief- leagues across the aisle, and the Presi- order to keep America safe here at ing they had received recently from dent, to fully support this effort in home and abroad. James C. O’Brien, the Presidential early January. We can get this done. I am hopeful we will continue our Envoy for Hostage Affairs. We must get it done. work and finish our work, actually, on So what is the case for Montenegro’s Earlier today, I had a chance to be the continuing resolution, a bill we membership? briefed by Mr. O’Brien. He delivered need to get done today in order to keep Admission of Montenegro would some positive yet cautious news about the lights on. I know my colleague mark another important step towards Austin Tice, an American journalist from Illinois, the Democratic whip, has fully integrating the Balkans into who we know was taken hostage in been working on this. I am hopeful we international institutions which have Syria 4 years ago. Mr. O’Brien and his can get everybody back to a position of helped to contribute to peace and sta- team informed me that they have high voting yes on this continuing resolu- bility over the years in Europe. Croatia confidence that Austin is alive in tion and we can complete our work. and Albania joined the alliance in 2009 Syria, along with other Americans who There are folks across the aisle who and have been valuable contributors to are being held captive. want to keep the continuing resolution accomplishing NATO objectives since While this is certainly positive news, from moving forward and literally to then, and I hope that Montenegro’s ad- I can’t help but think of his parents shut down the government. I would mission will help to motivate the re- and what they have had to go through have hoped we would have learned our forms necessary in other Balkan coun- these last 4 years. They are not just lesson the hard way that that is not a tries to join. counting the months, they are not just way to solve our problems. Montenegro has made outsized con- counting the days, but they are lit- Unfortunately, the senior Senator tributions to NATO missions despite erally counting the minutes and the from West Virginia, Mr. MANCHIN, has not being a full member. I understand seconds since he has been gone and taken a position that even though we that in Afghanistan, Montenegro has then counting these milestones that we have funded the health care benefit rotated 20 percent of its armed forces typically observe in our family—birth- program for the miners whom he cares through the ISAF and Resolute Sup- days and holidays—that they will passionately about—we all certainly port missions. It also contributed to never recover. understand that—we have done it the peacekeeping mission in Kosovo So today’s news should remind us through the end of the continuing reso- and other NATO missions. that we cannot give up until we bring lution into April. He is not satisfied This small country has clearly made Austin Tice home. I renew once again with the length of that continuing res- significant contributions to the alli- my call for his immediate release by olution. He said he would like to have ance’s efforts around the world and his captors, and I strongly urge the it up to a year. But, frankly, I think he made necessary internal reforms to ad- current and future administration to is unwilling to take us up on my com- dress governance, rule of law and cor- continue to utilize all possible means mitment, for example, to continue to ruption issues. I will continue to mon- to secure his safe return. Nothing can work with him now that we have got- itor these issues closely and expect bring those years and months back, but ten that short-term extension, to work Montenegro to continue with these re- we can start the healing process by on a longer term extension once we get forms. doing everything possible to find Aus- our work done.

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.039 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6957 The truth is, this bill, the continuing January. One of the first orders of busi- the White House. As President, he has resolution, passed the House yesterday ness when we reconvene next month the authority to surround himself with with overwhelming support from both will be to consider and vote on the new whom he sees fit to advise him for our sides of the aisle. It received support of President’s nominees to fill his leader- country. For our Democratic col- 87 percent of the House Republicans ship team, the Cabinet nominees we leagues to suggest that keeping the and 77 percent of House Democrats. have been hearing a lot about in the President understaffed is somehow in The House of Representatives has now last couple of weeks. the best interests of the American peo- left town for the holidays, and it is up Last week, I came to the floor to con- ple is absolutely ludicrous. to the Senate to finish the job. So at gratulate my friend and our colleague Let me remind my friends on the this point, working all night and into Senator JEFF SESSIONS on his nomina- other side of the aisle what happened the weekend will not change the inevi- tion to be the next Attorney General. when Barack Obama became President table outcome. Shutting down the gov- He is a man of strong conviction and in January of 2009. Senate Republicans ernment does not help anyone, espe- real character, and I have no doubt respected his nominees and gave them cially those holding up the process. whatsoever that he is the right man for quick consideration. Seven Cabinet So we are not done yet, but we are the job. I know that many in our con- members were confirmed on his first close. With a little cooperation, we will ference share my eagerness to start the day of office. Other high-level positions be able to wrap up this Congress soon confirmation process so we can give followed just days later. and turn our focus to the Nation’s pri- President Trump the team he needs to orities. In other words, we came together, hit the ground running. understood that the people had elected Let me just mention a couple of But I am disappointed, I have to say, other aspects of the continuing resolu- a new President, and went to the table in the way some of our colleagues on ready to cooperate in good faith even tion because I have heard, just among the other side of the aisle are already conversations with my own colleagues, though we knew there would be dis- posturing against the President-elect’s some misunderstanding about what we agreements about policy. That is be- nominees. Fortunately for us, they are doing in terms of, let’s say, defense cause we didn’t want the President to telegraph their obstruction in the news spending, which is one component of it. begin his time in office without the media, so we know about some of their This continuing resolution funds the support and the staffing he needed to defense sector by a $7.4 billion increase nascent plans to obstruct President- do his job. But, at least so far, our over the continuing resolution we are elect Trump’s Cabinet. Democratic colleagues—some of Earlier this week, Politico said that currently operating under. It is true them—don’t seem to share this same that it is less than the Defense author- this was the Democratic strategy: perspective now that they have lost ization bill has provided for, but, as we ‘‘Delay tactics could sap momentum this last election. I would just ask all know, an authorization is not an from the President’s 100 days’’ was the them to reconsider and to be consistent appropriation. And when you compare headline. The articles goes on to cite in the way they asked us to respond an appropriation or spending for de- conversations with several Senate when President Obama won and treat fense under the continuing resolution Democrats who have already laid out a the people’s choice as the next Presi- we are currently operating under com- plan to slow-walk—because they know dent of the United States with the re- pared to the one we will pass soon, it they can’t block—President-elect spect their vote deserves in terms of represents a $7.4 billion plus-up for de- Trump’s nominees in the new year. It making sure he has the Cabinet nec- fense. is one thing to obstruct and to slow the essary to get his administration up and Now, I am one who believes that is Senate down, but it is even a bigger running. problem when they intentionally try to the single most important thing the The American people really are dis- keep the President-elect from doing his Federal Government does—providing gusted by the sideshows of dysfunction job too. I would ask, for what? Just to for the common defense—and I would and obstruction. They want results, delay progress? To drudge up partisan argue that is probably not an adequate and they deserve results. They made rhetoric and to do all they can to dam- number, but it is a plus-up, and it is clear, since giving this side of the aisle age the administration of the next the number that was passed by the control of the White House, the House President of the United States before it House, and frankly, the House having of Representatives, and the Senate, has gotten started? This is absolute left town and gone back home for the that they really wanted the clear to nonsense. holidays, we are left with a choice of way to making progress on behalf of I think this is the kind of activity either accepting that level or not doing the American people. But we all know the American people repudiated in the our job on a timely basis. we cannot do this as one party or the last election on November 8. They are This funding supports troop levels of other; we have to find ways to work to- up to 8,400 in Afghanistan, $4.3 billion sick and tired of the partisan rhetoric gether for the common good. to support counterterrorism and for- on both sides. They literally want us to I hope those on the other side of the ward operating missions. This was sup- get some things done on their behalf aisle who indicated they are deter- ported by Chairman THORNBERRY of the for the American people. House Armed Services Committee. It Holding up the confirmation process mined to obstruct and block the Presi- provides a procedure for waiver for the for purely political gain is irrespon- dent-elect’s new Cabinet members, his next Secretary of Defense. This con- sible and dangerous, but it is also iron- nominees, change their tune and recon- tinuing resolution also provides $872 ic that some of our Democratic col- sider. Keeping the new President from million in funding for the 21st Century leagues have changed their tune so the men and women he has chosen to Cures legislation we passed just a few much. Here is just one quote from our serve alongside him only makes us less days ago, $500 million to deal with the friend, the Senator from Michigan, safe, our economy more fragile, and the scourge of opioid abuse but also to deal part of the Democratic leadership. Sen- government less efficient. In short, it with prevention and treatment activi- ator STABENOW said on April 20, 2015: doesn’t serve their interests well. ties, as well as $372 million for the Na- ‘‘When a President wins an election, We are ready to work with our col- tional Institutes of Health. It provides they have the right to have their leagues across the aisle to roll up our emergency flood and natural disaster team.’’ sleeves and get to work next year. I relief for potentially up to 45 States, You know, one thing I have learned only hope our Democratic colleagues including my own—$4.1 billion in emer- is, if you have been around here long decide to do the same. gency natural disaster relief. As I men- enough, there is a great danger of being Mr. President, I yield the floor. tioned earlier, it does provide a short- on both sides of an issue, so you have The PRESIDING OFFICER (Mr. term coal miners fix while we work on to try to be consistent, even with the ALEXANDER). The assistant Democratic a longer term solution. So my hope is, temptations to change your position leader. again, we can get it done. based on who is up and who is down. Mr. DURBIN. Mr. President, next to NOMINATIONS But I agree with the Senator from the Senator from Texas, who just Let me turn to what will be the busi- Michigan. No matter what side you are spoke, is the Executive Calendar of the ness of the Senate when we return in on, Donald Trump won the election to U.S. Senate. There are about 30 pages

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.041 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6958 CONGRESSIONAL RECORD — SENATE December 9, 2016 of that calendar on his desk that con- filled with just the names on this Exec- can’t bring it forward. All of the spend- tain the names of individuals nomi- utive Calendar that have already ing is going to be done under this con- nated by the Obama administration, cleared the Senate Judiciary Com- tinuing resolution. We will be halfway then sent to committee, approved by mittee with a majority of Republican through this current fiscal year with the committee, then sent to the cal- Senators. Yet they sit. They languish. continuing resolutions if we ever get endar to be approved on the floor of the In just a few hours and a few days, they around to the appropriations process. Senate. The Republican majority in are going to become part of history as The Presiding Officer is also on the the Senate refuses to call these names. we move to the new Senate on January Appropriations Committee and works The plea that is being made by the 3. I wanted to make that point for the in a very bipartisan way in the author- senior Senator from Texas is, why record. izing Appropriations Committee on can’t we just get along? Well, I hope we Mr. President, I also wish to say a some critical programs for health and can, but this is a bad place to start, word about where we are with the con- education. We should have brought with all of these names sitting right in tinuing resolution. What is a con- that before the Senate on the floor, but front of us, waiting patiently—some of tinuing resolution? Well, we are used we did not. them for over a year—to be called for a to it around here because we have done We have this continuing resolution vote on the floor of the Senate. They it so often. Both political parties have before us, and it has a few things in it all were reported out by committees done it. Here is what it basically says. that I think the American people that have a majority Republican mem- Think about your family budget. Let’s should know. One of them relates to re- bership. assume that last year you spent, on av- tired coal miners and their families. Of course, there is exhibit A in this, erage, $100 a month on your utility Coal mining has always been a dan- and that is Merrick Garland. Merrick bills. What if we said to you: In this gerous job, and it is also a job that has Garland was President Obama’s nomi- next year, we want you to spend $100 a diseases that come with it, such as nee to fill the vacancy on the Supreme month. black lung. So for those who retire Court after the death of Antonin You say: Well, I don’t know if that is from coal mining, health care is criti- Scalia. Since February of this year, the what it is going to cost. I hope it is cally important. process has been going forward by the less; it might be more. Senator JOE MANCHIN of West Vir- President and the White House to send Well, the continuing resolution says: ginia has a lot of coal miners, and they a name to fill the vacancy on the Su- Stick with last year’s budget, and you are worried about a cutoff on the preme Court. For the first time in the can make special provisions and spe- health care benefits for retired coal history of the Senate, the Republican cial allowances if it happens to be miners and their surviving widows. He majority refused to give the Presi- wrong. has come before the Senate over and dent’s Supreme Court nominee a hear- You think, that is a heck of a way to over again begging the Senate to come ing or a vote. It has never—underline run my family. That is what a con- up with a plan to make sure their that word—never happened before. So tinuing resolution does. It takes last health care is funded for this next year we hear the plea from the Senator from year’s budget and says: Let’s repeat. and for years to come. Texas for cooperation: We have to get Well, things change. In this continuing resolution, we along here. Well, we should. We owe it I am on the Appropriations Defense managed to provide that health care to the country. But, for goodness’ sake, Subcommittee. It is the largest sub- protection for several months, 3 or 4 let’s be honest about where we stand. committee in terms of the amount of months—but not any longer. He is wor- There are dozens of names here of men domestic discretionary money that is ried about it. I have talked to him and women who are highly qualified to spent. Things change with our military twice today. He has spoken on this serve this Nation, who went through all the time. You know that. Presi- issue countless times on the floor of the process of being nominated by the dents come forward and say: We need the Senate. We believe he is making administration, of being approved by additional money for our troops, to the right fight. Republican-majority committees, who prepare them, to equip them, to make have been languishing on the floor of sure they are where they need to be in The fight to ensure that coal miners the Senate because of the refusal of the this world to keep America safe. don’t lose their benefits has been be- Republican leadership. What we do with a continuing resolu- fore Congress for 4 years. It has been Judge Merrick Garland, who was tion is we say: Well, we are going to through the regular order of commit- judged ‘‘unanimously well-qualified’’ tell you that you have to live within tees. It was passed by the Senate Fi- to serve on the Supreme Court by the the bounds of last year’s budget—a nance Committee with Democrats and American Bar Association, never even continuing resolution. Republicans supporting it. Even in the got a hearing before this Republican- The people in the Department of De- midst of dysfunction of partisanship in controlled Senate. In fact, the leader of fense, of course, will do their best. the Senate, this is apparently one this Senate and many others said: We They are not going to spend money measure that apparently both parties will not even meet with him. We won’t this year on things that are finished. agree on. Despite all of this, the con- discuss it with him. They are not going to repeat and keep tinuing resolution does not reflect the What was their strategy? Well, it is building if they have already finished needs of and it does not provide the re- one that paid off, I guess. They felt if their building. They are not going to sources for these families. they violated what we consider to be buy things they have decided are not The other day, Majority Leader the tradition and duty of the Senate valuable. But when it comes to making MCCONNELL came to the floor and he and not have a hearing and a vote on a important budget decisions, their insisted that the continuing resolution nominee, they might just elect a Re- hands will be tied by this Congress. addressed the expiring benefits of republican President. Well, they did. Now For the second time, we are going to tired workers. What he did was extend they want to fill their vacancies and come up with a 3- or 4-month budget those benefits for 4 months. There is no they are begging us: Cooperate. Join in resolution as we move forward. It is no indication of what is going to happen with us. Let’s be bipartisan. way to run a government. beyond that. It requires the United I am going to try. I am going to give Here is the good news: We didn’t have Mine Workers health plan to deplete a fair hearing to each of the nominees. to do that. On this Appropriations sub- its reserves to pay for this temporary They deserve it. There are no guaran- committee, Senator THAD COCHRAN of extension, but then they are broke. tees on a final vote; it depends on Mississippi and I worked a long time. There is nothing in the bank when the whether I think they are the right per- Our staff worked even longer and pre- CR expires in April. It subjects the son for the job. But I do hope there will pared a Department of Defense appro- health plan to a reduction in funding be some reflection in the process about priations bill. We are ready—ready to from what they currently receive from what we have just lived through. bring it to the floor, ready to debate it. the abandoned mine land funds, and it There are over 100 vacancies on Fed- And it is a good one. It keeps our coun- makes no mention of the pension eral courts across the United States. try safe. On a bipartisan basis, we shortfall that these same mining fami- Many of them—30—would have been agreed on what it should contain. We lies face.

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.043 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6959 We are looking for a real solution, eral Marshall had retired as Secretary Instead, due to putting defense fund- and we are hoping to get one soon. Be- of State. President Truman asked Gen- ing in this continuing resolution on fore the end of the day, I think Senator eral Marshall to come out of retire- autopilot, less than $16 billion, instead MANCHIN, Senator SHERROD BROWN, ment to serve as Secretary of Defense of $24 billion, will be awarded. That is Senator CASEY, and others will come to under the new reorganization plan of going to slow down innovation and im- the floor and speak to this specific our government. pact untold numbers of suppliers for issue, but it has been one of the things Congress had to change that law. At our Department of Defense. that has held us up. that time, there was a 10-year separa- The old adage ‘‘time is money’’ cer- In Illinois, there are nearly 2,000 coal tion. Congress had to change the law, tainly applies to the Pentagon. Every miners and their families whose health and it took some time to do it—to de- day, every week, every month that de- care benefits are in jeopardy, and I bate it, to make sure the policy deci- fense programs are delayed adds up to have heard from them. sion was the right thing for our coun- more costs to American taxpayers. Linda Fleming of Taylorville, IL— try, and to make sure that whatever we When the government can’t keep up its that is about 30 miles from where I did was consistent with this idea that end of the contract because funding live. She is afraid her 86-year-old moth- civilians should control the military. isn’t available, costs go up, and tax- er will lose the benefits her father, who They ultimately gave the waiver to payers pay more for things they should worked at Peabody coal for 30 years, GEN George C. Marshall, this hero of pay less for. Every Member of Congress left for her mother when he passed our World War II defense, Sectary of has criticized the Pentagon—I have away 2 years ago. Her husband, who re- State, and a man who won the Nobel been in that queue—for spending too tired from Freeman coal in Central Il- Peace Prize, I might add. So he was an much on weapons systems, but every linois after 33 years of service, also re- extraordinary man. time we do a CR, we raise the cost of ceived notice that he was going to lose This bill that we have before us is weapons systems by delaying these his benefits. going to ask us to expedite this deci- payments. Larry Garland, a retired coal miner sion. At the time it was debated before Our constituents didn’t elect us to in Millstadt, IL, worked in the coal- with General Marshall, the Senate delay making decisions. They elected fields because it was a good job—a hard took the time to really consider this. us to get things done. Months of bipar- job, a dirty job some days, but it had a So expediting and changing the rules of tisan committee work and weeks of bi- promise of lifetime health care for him the Senate in this bill is something partisan negotiation shouldn’t be cast and his family. His wife has MS, and he that hasn’t been done before. aside. Putting government spending on I worry about the impact it is going is wondering how he is going to afford autopilot is not responsible. to have in the long term. It com- her medical expenses if this isn’t fund- Whether you work in a Fortune 500 plicated what should have been a pret- ed properly. company or in any agency of the Fed- Karen Williams, a nurse and daugh- ty simple and straightforward bill. Let me speak as well about the im- eral Government, budgets must adapt ter of a retired coal miner in Du Quoin, pact on the Department of Defense of to innovation, new challenges, and new IL, sees firsthand how important these this continuing resolution. A con- opportunities. Failure to do so is a benefits are to retirees like her dad, tinuing resolution for defense might be waste. We owe it to the American tax- who has a lung disease directly related harmful to our Armed Forces, and the payer and we sure owe it to the men to his coal-mining years. longer we live under it, the worse it and women in uniform to do more than These are just a few of the stories in could get. If Congress were to pass a 3- just kick the budgetary can down the my State, of the 2,000 affected by this month continuing resolution for the road. We owe it to thousands of retired decision, so we take it personally. Department of Defense, they are going miners to keep our promise, to respect There is another provision in here as to feel it right away. The Pentagon has their years of hard work and give them well. The President-elect has des- identified more than 150 programs cost- the benefits they deserve. ignated General Mattis to be the next ing tens of billions of dollars that will Now is not the time to give up and go Secretary of Defense. James Mattis be disrupted by a continuing resolu- home. Now is the time to rededicate was the head of U.S. Central Command, tion. House Republicans fixed no more ourselves to truly working together, as an extraordinary general, given some than a few of these. There are a lot of the Appropriations Committee has his- critical assignments by previous Presi- others in disarray. torically done, use their work product, dents, and every report that I have The Defense bill has provided $600 and pass a bill and an appropriations read is positive about his service to our million, for example, for the Israeli spending measure that really reflects country and his leadership skills in the missile defense programs, a substantial what is needed for the national defense Marine Corps. But the appointment of increase over last year’s funding level of America. General Mattis is in violation of a of $487 million. This includes increased I yield the floor. basic law. The law, which was passed funding for the Arrow 3 program, which I suggest the absence of a quorum. over 50 years ago, limited the avail- will protect Israel against new threats The PRESIDING OFFICER. The ability of these retired military offi- from long-range Iranian missiles. clerk will call the roll. cers to serve as Secretaries of Defense. Under a continuing resolution, this The legislative clerk proceeded to In America, we have always prided new initiative is put on hold until we call the roll. ourselves—and particularly since the get around to passing a full-year De- Mr. BARRASSO. Mr. President, I ask reorganization of the military after fense appropriations bill. unanimous consent that the order for World War II—on civilian control over The impacts of the 3-month con- the quorum call be rescinded. the military. It is something that is tinuing resolution will also be felt by The PRESIDING OFFICER. Without really built into the American view the defense industrial base. There is a objection, it is so ordered. about the military and the civilian side similar story for the Air Force’s new Mr. BARRASSO. Mr. President, in of the Federal Government. B–21 bomber. Funding for this program just a few hours, funding for the Fed- Here we have General Mattis, who is is planned to nearly double this year to eral Government will run out. It is eminently qualified to lead in many re- more than $1.3 billion, in order to de- going to run out in just a few hours. It spects, but he is going to be violating sign the replacement for the decades- looks like we are going to blow that basic law that says there must be old B–52. The CR makes that difficult, through that deadline right here in the 7 years of separation between your if not impossible. Senate. military service and your service as The Pentagon’s R&D efforts have al- POLITICO, one of the local news- Secretary of Defense. ready been hamstrung by continuing papers, had an article this morning, There has only been one exception in resolutions, and there the story gets and this is what the headline said. history, and that was back in 1950, worse. Important medical research will They ran an article with this headline: when President Truman asked GEN be postponed in the Department of De- ‘‘Democrats push government toward George C. Marshall, a five-star gen- fense, and agencies like DARPA, which shutdown.’’ Let me repeat that: eral—there aren’t many in our his- had planned to award contracts worth ‘‘Democrats push government toward tory—to come out of retirement. Gen- $24 billion, is on hold. shutdown.’’

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.044 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6960 CONGRESSIONAL RECORD — SENATE December 9, 2016 The article says that Democrats are The Obama administration hasn’t So any attempt by Democrats to pushing the government to the brink of just tried to bankrupt anyone who used blame someone else is just a distrac- a shutdown. They are doing it with coal, but they have been doing all they tion. They want to hide the simple fact ‘‘coal country Senate Democrats lead- can to make sure the coal never gets that it is their intentional and inten- ing a strategy to oppose a GOP spend- out of the ground. sive campaign against coal that has led ing bill if their demands are not met The Bureau of Land Management im- us to where we are today—on the brink for a longer extension of expiring posed a moratorium on new mining of a government shutdown tonight. health care benefits for coal miners.’’ leases on Federal land. In the Rocky Health and pension funds can pay We are talking about a continuing Mountain West, that is a significant benefits for retired workers as long as resolution that passed the House with amount of the land, and, in many the mines are actually working and overwhelming numbers, and it has bi- States, it is over half of the land. they can mine coal and sell coal and partisan support. The vote was 326 to The Obama administration has been make money. If the money coming in 96—Republicans and Democrats joining doing all they can to make sure that goes down, then the money they need together in the House to keep the gov- American coal can’t be used not just to pay out is not there. That is why we ernment open—but not the Senate here in America but can’t be used any- have this problem. Companies can’t Democrats. where in the world. meet their obligations, and it is the I have been on this floor time and The Department of the Interior wrote Democrat’s policies that have caused again with Democrats talking about a new rule on coal valuation to dis- it. So if the Democrats want to help re- shutting down the government, and courage coal exports. tired miners, they should let the other they say that it is the Republicans. Now, the Army Corps of Engineers miners get back to work. That is the The headline today says: ‘‘Democrats has even delayed or denied permits for way to help the retired miners, let the push government toward shutdown.’’ new coal export terminals so we could other miners get back to work. Well, Now, the continuing resolution that ship a product that is produced in the that is not what they have done. The is being asked to be voted upon actu- United States to people who want to Obama administration has done all ally includes money to help these min- buy our product overseas. So Ameri- they can to destroy the market for ers well into the new year—through cans can’t sell the product that we coal, to force mines to cut production April—and we are going to be looking have—that coal—overseas. and to put miners out of work. at everything in the legislation again The Obama administration even Now, I understand there are people in when it expires in April. So there is no worked to get the World Bank—the the home States of these Senators who rush to settle this issue today. World Bank and the International are very worried, and they have a right But here we are in the Senate, with Monetary Fund—to stop financing new to be worried, but let’s just be honest Democrats preparing to shut down the coal-fired powerplants in developing about the real reason these people are Government of the United States. nations, even though for them, it is the hurting: Miners are struggling because Our goal should not be to bail out a least expensive cost for electricity, for President Obama has been standing on union health plan—and it is a fund that energy, for the people there who don’t their necks for a straight period of 8 does have problems. The solution actu- have energy and desperately need it. It years. When Democrats focus on things ally ought to be to let coal miners has been one roadblock after another like health benefits for retirees, they mine coal again. Let them go back to for the last 8 years. are missing the point entirely, and what they know how to do—mine coal. Layer after layer of redtape, stran- they are just trying to dodge the re- That way they can take care of them- gling the coal industry and coal min- sponsibility—the responsibility for selves and take care of their own. ers—the people who go to work every their own disastrous policies. I want to be really clear on this day. Mr. President, I yield the floor. point. The only reason we are in the Now, someone wants to say the issue The PRESIDING OFFICER. The Sen- position we are in today is because the is bailing out one union health plan ator from California. and pension fund. The Democrats have Obama administration and Democrats Mrs. FEINSTEIN. Mr. President, the waged an all-out comprehensive war on in Washington have been waging a war distinguished Senator has just asked coal. That is why we are in this situa- on coal for the past 8 years. That is the me if I would yield to her; that she has tion. reason we are in the position we are in a very short set of remarks, and I am During the Presidential campaign, today. happy to do so. In 2008, when Barack Obama was run- President Obama has said to Ameri- The PRESIDING OFFICER. The Sen- ning for President, he promised that cans: Please elect Hillary Clinton. Vote ator from Wisconsin. this was what he was going to do. He for her to protect the Obama legacy. Ms. BALDWIN. Mr. President, I ask said it. He said that under his policies, Well, candidate Hillary Clinton during unanimous consent to use a prop dur- ‘‘if somebody wants to build a coal- the election, during the campaign, said ing my remarks. fired powerplant, they can; it’s just that she would put a lot of coal miners that it will bankrupt them.’’ out of business. So as to the actual The PRESIDING OFFICER. Without The President was very clear. So the people who work, she wants to put objection, it is so ordered. Democrats should not be surprised them all out of business. WRDA with what we see happening today. It has been a war on multiple fronts Ms. BALDWIN. Mr. President, I have Once he got into office, he did every- and a Presidential election all designed come to the floor to address a very im- thing he could to keep that promise in many ways to keep Americans from portant choice for this Senate and, and bankrupt as many coal companies using coal, from exporting coal, and frankly, for President-Elect Trump. as possible. That is actually what hap- even from mining coal. The time is now for Donald Trump to pened. His administration has pushed The administration has blocked coal take a stand in support of American out one unnecessary regulation after production. They have made it more workers by calling on Republican lead- another on coal producers, on power- expensive. Then they have tried to use ership in Congress to support strong plants, and on customers. the smaller market for coal—since you ‘‘Buy American’’ requirements in the The Environmental Protection Agen- can’t mine it, you can’t sell it, and you Water Resources Development Act, cy wrote new regulations on power- can’t export it; so there is a smaller also known as the Water Infrastructure plant emissions where the emissions go market for coal—as an excuse to im- Improvement Act. from one State over to another. The pose even more burdens. Just 1 week ago in Cincinnati, OH, Agency put out extremely stringent The people who are hurt by these President-Elect Trump said his infra- rules on emissions from any new pow- policies are hard-working Americans structure plan would follow two simple erplants that were built in this coun- who just want to go to work, make a rules: ‘‘Buy American and hire Amer- try. Then they wrote tough rules on living, and support their family. That ican.’’ I support that position, strong- the powerplants that were already in is what the coal miners have been up ly, but unfortunately the Republican existence—rules, not new laws but against by the Obama administration establishment in Washington didn’t rules. in the last 8 years. hear him. They have removed my ‘‘Buy

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.047 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6961 American’’ standard from this very im- President-Elect Trump has said that ability to help those men and women portant water infrastructure legisla- we need to ‘‘drain the swamp,’’ and who are serving our country in uniform tion, and Trump Tower has gone silent that he will take on lobbyists and spe- get their job done. We are talking on this topic since last Thursday. cial interests that are writing the rules about a continuing resolution that is a I believe the iron and steel used in and rigging the game in Washington reduction in spending, that freezes ac- water infrastructure projects should be against American workers. If he is seri- counts in place, and does not give us made in America and that taxpayer ous about ‘‘draining the swamp’’ and the capability to move them around to dollars should go to support American supporting American workers, it is meet the threats we are facing around jobs and manufacturers, not be spent time for him to end his silence and the world. I must say to my colleagues, on Chinese or Russian iron and steel. speak out publicly supporting and re- this is disgraceful. This is absolutely My provision to require this was in- storing this ‘‘Buy American’’ standard disgraceful. cluded in the version of the bill that to the water infrastructure bill that is We are going to kick the can down passed the Senate with strong bipar- before the Senate today. It is time for the road because we failed to fund our tisan support on a vote of 95 to 3. How- a vote on a ‘‘Buy American’’ standard troops. The fiscal irresponsibility of ever, Speaker RYAN and House Repub- that respects and rewards American another continuing resolution will licans removed this ‘‘Buy American’’ manufacturers and American workers. force the Department of Defense to op- reform from the Water Infrastructure Mr. President, I yield the floor. erate for 7 months in the fiscal year Improvements Act, and there hasn’t The PRESIDING OFFICER. The Sen- without a real budget. Tell me one been a peep or a tweet from President- ator from California. company or corporation in the world, Elect Trump. It is clear to me, and it Mrs. FEINSTEIN. Mr. President, are small or large, that has their budget should be clear to President-Elect we going back and forth? frozen for 7 months of the year and ex- Trump as well, that congressional Re- The PRESIDING OFFICER. There is pects to operate with any kind of effi- publicans are allowing corporate lobby- no order at the moment. ciency. You can’t. You can’t. ists, working on behalf of companies Mrs. FEINSTEIN. May I ask the Sen- Now, the incoming President of the who import steel from Russia and ator—because I thought Democrats had United States says he wants to spend China, to write the rules in Wash- an hour at this time, I agreed to yield more money on defense. Are we doing ington. Importers of cheap foreign steel to Senator BALDWIN. Senator MCCAIN, that with this continuing resolution? from China and Russia have sought to do you know how long you will be? Of course not. The incoming President eliminate or loosen these rules for Mr. MCCAIN. About 30 minutes. of the United States says we don’t have their own benefit. According to media Mrs. FEINSTEIN. Well, you go a big enough Army, Navy, Marine reports, including the Wall Street ahead. I will defer. Corps, Air Force, and we are cutting Journal, the importers and their for- Mr. MCCAIN. I thank my friend from the size of the military. eign suppliers have hired the Wash- California, but if she had a shorter Meanwhile, the President of the ington, DC, lobbying firm Squire Pat- time— United States gives one of the most bi- ton Boggs to lobby the Republican The PRESIDING OFFICER. The Sen- zarre speeches I have ever heard in my leadership in the House against my ator from Arizona is recognized. life about what a great job he has done, ‘‘Buy American’’ standard, which Mr. MCCAIN. I say to my dear friend what a fantastic job; and thank God would provide a long-term and solid from California, if she had a few min- ISIS does not pose an existential commitment to American workers. utes she would like to take at this threat to the United States of Amer- The firm’s strategy relies upon, oh, time, I would be happy to yield to her. ica—never mind San Bernardino, never that old revolving door—the firm em- Mrs. FEINSTEIN. Senator, I have mind all the other attacks across the ploys former House Speaker John about 20 minutes. country and Europe. Never mind those. Boehner and several former top Repub- Mr. MCCAIN. OK. I take it back. It is not an existential threat. This is lican aides—to gain access and influ- Mr. President, I understand that, as the same Barack Obama who said ISIS ence over Congress. These reports sug- usual, as we get to the edge of the cliff was the JV and couldn’t carry Kobe’s gest that corporate lobbyists are using or the edge of the weekend, that some- T-shirt. their influence over Congress to sup- how we will have an agreement and we So what are we doing? By God, we are port clients that do business with Rus- will vote and we will pass a continuing going to be out of here. Thank God, we sian and Chinese steel companies at resolution and we will all go home. We are going to be out of here. And what the expense of American workers. That will all go home for the holidays and are we doing? We haven’t passed a de- is why I am calling on President-Elect congratulate ourselves on doing such a fense appropriations bill that funds our Trump to turn his words in Cincinnati, great job and passing a congressional troops. Earlier this year we had a de- spoken just a week ago, into action and resolution. fense appropriations bill, approved to join me in demanding that Repub- Meanwhile, the 8,000 men and women unanimously by the Appropriations lican leaders in Congress restore our who are serving in Afghanistan will be Committee, but Democrats put politics strong ‘‘Buy American’’ standard in having a different kind of next couple ahead of our troops, filibustered that the final water infrastructure bill. of weeks. It will be in combat, it will legislation, and brought the Senate to Together, with Senators BROWN and be in jeopardy, it will be in fighting an a halt. CASEY, we offered an amendment to re- implacable enemy that we have been Does anybody wonder about the ap- store this ‘‘Buy American’’ reform, and challenging and fighting for the last 12, proval rating of Congress when we will today we are demanding a vote. I come 14 years. The 5,000 troops who are in not even appropriate the money to de- to the floor today to ask Majority Iraq and Syria, with their lives lit- fend this Nation and pay for the men Leader MCCONNELL for that vote. erally in danger—there has been a cou- and women in uniform who are sacri- American manufacturers and steel- ple, a few casualties, tragic deaths in ficing as we speak? Of course not. workers, like the men and women at recent days. The siege of Aleppo con- Why haven’t we passed the bill? Now, Neenah Foundry in Wisconsin who tinues and the slaughter continues of fresh off an election—the election is helped build our Nation’s water infra- innocent men, women, and children. As over. Republicans won control of the structure, support our amendment, and the exodus, I am told, takes place from House and the Senate and the White they deserve a vote and a solid com- Aleppo, the Russians, Iranian Revolu- House in part by promising to rebuild mitment from us on a strong ‘‘Buy tionary Guard, and Bashar al-Assad’s our military. Congress is about to cut American’’ standard. thugs are culling out the young men defense spending again by passing an- Many people in the United States for special treatment and interroga- other irresponsible continuing resolu- have seen this iconic symbol. Neenah tion. God only knows what that is like. tion. Foundry—which supports the strong Of course, the flow of refugees con- Let me be clear, this continuing reso- ‘‘Buy American’’ amendment—manu- tinues, now adding to the 6 million. lution would cut resources to our factures, among other things, these The 500,000 who have been killed, that troops, delay the cutting-edge equip- manhole covers that we see all over. continues. And we are about to pass an ment they need, and hamper the war in Let us not ever see this. appropriations bill that reduces our Afghanistan. A lot of my colleagues

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.048 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6962 CONGRESSIONAL RECORD — SENATE December 9, 2016 may not understand, you authorize cer- Russians, now a major power in the Obama vetoed that bill because, as his tain amounts of money for certain pro- Middle East for the first time since White House explained, he would ‘‘not grams. With a continuing resolution, Anwar Sadat, threw him out of Egypt fix defense without fixing nondefense you can’t shift that money around. in 1973—no matter all that. No matter spending.’’ Suppose there is a new product, there that we continue to increase because Think about that. The President of is a new weapon, there is a new ability we react to the number of troops and the United States puts defending this we have. With a continuing resolution, the amount of equipment that we are Nation on the same level as domestic now going on for 7 months, we will do having to send to Iraq and Syria and programs. I am all for the domestic that. Congratulations. Congratula- other places in the world—treat the programs. I am not objecting to them, tions. EPA the same as the U.S. Marine but to put them on the same level as So this is Washington. Democrats fil- Corps. Treat the IRS the same as our the defense of the Nation partially ex- ibuster funding for our troops in a po- brave pilots who are now flying in com- plains the disasters over the last 8 litical game to extort more funding for bat in Iraq and Syria. Treat them the years. America has decided to lead pet domestic programs. Republicans same. This was the so-called principle from behind, and America is now held feign outrage. Then those same Repub- of parity. without respect or regard throughout licans return months later to negotiate For the record, I never believed this the world. We see all kinds of bad a continuing resolution that gives trope. Instead, I held fast to another things happening, and I will not bother Democrats the domestic spending in- principle—that funding our troops my colleagues because all I have to do creases they always wanted, does so would be based solely on what they is pick up the morning paper or turn on by—guess what. Guess what. There is need to defend the Nation. Isn’t that an the television. an increase in this continuing resolu- unusual sentiment—to fund the troops This year I offered an amendment to tion for domestic programs, some of with what they need to defend the Na- the Defense authorization bill on the them pork-barrel projects, and cutting tion, to give them the very best equip- Senate floor to add $18 billion to the funds for defense. I am not making ment so that, in the testimony of the defense budget, an increase that would that up. I wonder how many of the 100 uniform service chiefs before the have returned defense spending to the Senators who will be voting on this Armed Services committee, who said in level the President himself had re- continuing resolution know that this unvarnished words—these great mili- quested and for which the Department continuing resolution increases domes- tary uniformed leaders said: We are of Defense had planned. The Senate tic spending and decreases defense putting the lives of the men and Democrats and some Republicans voted spending. What a sham. What a fraud. women in uniform ‘‘at greater risk.’’ against that amendment. One Demo- Is there any wonder the American peo- Is no one in this body embarrassed cratic Senator objected, saying: ‘‘If de- ple hold us in such contempt? We are that we are putting the lives of the fense funds are increased, funding for down to paid staff and blood relatives. men and women in the military at domestic agencies must also be in- There is a lot wrong with this con- greater risk? What is happening here? creased.’’ tinuing resolution, but let me start Many of my colleagues disagreed Got that? ‘‘If defense funds are in- with the rank hypocrisy embedded deep with me, which was their right. Over creased, funding for domestic agencies within its pages. Five years ago Con- the last 2 years as Chairman of the must also be increased.’’ gress recognized the need to rein in Senate Armed Services Committee, Some Republicans, mainly on the Ap- Federal spending, but instead of ad- having listened to the testimony of our propriations Committee, argued that dressing the actual drivers of our defi- most senior military commanders the amendment would not adhere to cits and debt, in one of the great about the growing risk to the lives of the Bipartisan Budget Act and stall copouts in history, it settled for a our servicemembers, I have tried to momentum to pass appropriations bills meat-ax approach. Congress passed the break the hold of these arbitrary as we consider yet another continuing Budget Control Act, which cuts spend- spending limits, increase defense resolution. We see how well that ing across the board. No matter how spending, and give our troops the re- worked out. worthwhile, no matter how necessary, sources they need to defend the Nation. So entrenched was this absurd notion treat it all the same and cut it across Let me tell you what is happening to of parity between defense and non- the board, OK? It is designated to be so the military today. We have seen the defense spending that when President terrible, this sequestration—remember, movie before—after the Vietnam war. Obama decided to keep more troops in it was 5 years ago—sequestration They have less ability to train. They harm’s way in Afghanistan—finally would be so terrible it would force Re- have less ability to operate. Our pilots recognizing a little reality—he refused publicans and Democrats to negotiate in the Air Force, Marine Corps, and to pay for them unless nondefense a more reasonable compromise. Navy are flying fewer hours per month spending received an identical funding We know how that worked out. The than Chinese and Russian pilots are. increase. Let me make that clear. The Budget Control Act failed to force a They are having to rob planes. They President of the United States—recog- grand bargain on the budget, but it was have even had to go to the Boneyard in nizing that the Taliban was not only so genuinely terrible that Congress had Tucson, AZ, to find parts for their air- not defeated but was gaining ground in to negotiate a series of short-term planes. They are that short of them. parts of Afghanistan, the Afghan mili- agreements to get out from under it. You know what is going to happen? tary sustaining unsustainable casualty The latest of these was the Bipartisan The pilots of these services are going rates—sent more troops to Afghani- Budget Act, which was passed last year to get out in droves because the com- stan, sent more help to Afghanistan, and provided small increases for de- mercial airline pilots who were hired but wouldn’t pay for them unless we fense and on defense spending. after the Vietnam war are all retiring. increased domestic spending. This agreement was consistent with All these people want to do is fly air- Is that some kind of nonsense? So en- the principle articulated by many of planes. When they are in Syria and trenched was this absurd notion of par- my Republican and Democratic col- Iraq, yes, they fly a lot. When they get ity between defense and nondefense leagues—that defense and nondefense back, they don’t fly at all. Why? They spending that the bottom line is this: were supposed to be treated equally. It don’t have the money. When you cut Congress has had multiple opportuni- does not matter when you see the defense, the first thing that suffers is ties to give our troops the resources world on fire, no matter when you see operations, maintenance, and training. they need. Each time, aided and abet- 6 million refugees out of Syria, no mat- Again, it is not as if it is a new phe- ted by the President and his administer when you see 500,000 dead, no mat- nomenon. We have seen the movie be- tration, we squandered these opportu- ter when you see the Chinese asserting fore. nities because of the so-called principle control over the Asia-Pacific region, no Here we are. We passed a defense bill of parity—that ‘‘any increase in fund- matter that you see Vladimir Putin last year that provided $38 billion in ing must be shared equally between de- dismembering Ukraine and putting additional resources to give our serv- fense and nondefense.’’ pressures of enormity on the Balkan icemembers the modern equipment and After all that, it turns out that par- countries, no matter that you see the advanced training they need. President ity was merely politics masquerading

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.049 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6963 as principle. Because, dear friends, now creases for nondefense by taking from the Budget Committee or the Budget Congress is about to pass a continuing defense? Committee chairman will twist it. The resolution that shatters any notion of Regretfully, as I say about Repub- fact is, this continuing resolution is $6 parity, breaks the spending limits of licans and Democrats, the answer, and billion less than what Congress just au- the Bipartisan Budget Act, increases the only answer I can offer is hypoc- thorized for defense spending. Yester- nondefense spending at the expense of risy—rank hypocrisy. What is so dis- day, we passed a Defense authorization our troops, and even creates a loophole heartening about the hypocrisy of this bill, and this is $6 billion less than that allows nondefense spending to continuing resolution is how unneces- what we authorized. That is what we skirt the law and avoid sequestration— sary it is. We can pass an appropria- should be grading ourselves on because not defense spending, nondefense tions bill. The appropriations bill was that is what our military has told us spending. It is crazy. passed out of the Appropriations Com- they need and what this body has Under this continuing resolution, mittee unanimously. We can pass it. agreed to provide them. nondefense spending—get this. I don’t We can do it tomorrow; we can do it to- Let me emphasize that we go through know how many of my colleagues know night. But they don’t want to do that. weeks and months of hearings, mark- this. Under this continuing resolution, They want this continuing resolution ups, input, and debate, and we come up nondefense spending is $3 billion above with all this stuff hidden in it, with a with a Defense authorization bill and the Bipartisan Budget Act. Where does lot of legislative things in it that we provide this body in the Congress and this additional money come from? It find out, guess what, 10 hours, 24 hours, the Nation with our best judgment of was taken from our troops. Under the maybe even 48 hours before we vote on what America needs to defend this Na- continuing resolution, defense spending it. That is when we find out what is in tion and how much it costs. This con- is $3 billion below the Bipartisan Budg- the bill. tinuing resolution will cut that num- et Act. I would challenge—I would like to ber by $6 billion. That may not be As a result of increased funding, non- take a poll of my 100 colleagues here. much money among some, but it is one defense spending violates the Bipar- How many of them have read the con- heck of a lot of money overall. tisan Budget Act and would face se- tinuing resolution? I will bet you the The hypocrisy of this continuing res- questration at the beginning of next number is zero. With this legislation, olution is nauseating. The defense cut year to bring it back in line with Congress has already done the hard it contains is blind to the needs of our spending levels allowed under the law. work of negotiating a bipartisan com- military, but ultimately it is the basic Not so fast, my friends—the continuing promise for defense spending. The De- fact that Congress has failed to pass an resolution contains a ‘‘get out of jail fense appropriations bill from earlier appropriations bill and will be forced free’’ card that allows nondefense this year could easily be amended to to pass another continuing resolution spending to break the Bipartisan Budg- reflect the compromise, and the Senate that will have the most real and imme- et Act to avoid sequestration. could be taking up the bill, but we are diate consequences for our service- Here is what we are doing: We are not. Instead, we are about to vote on members. Our Nation asks a lot of the cutting defense spending. We are in- another continuing resolution that men and women serving in uniform. As creasing nondefense spending, even would cut $6 billion from the level au- I mentioned, we are going to go home though it breaks the act and we have a thorized by the NDAA. tonight, I am sure, because of the pres- provision in there that that is OK. I I want to point out again: Who is sures that always take place on a just hope that everybody knows what being harmed by this? My friends, obvi- Thursday or Friday, and they will still they are voting on in this. ously, as I have stated, absolutely the be out there. They will still be out Am I missing something? Am I miss- men and women who are serving. They there on the front line. They will be in ing something? Do Republicans control are the ones who are suffering from Syria, Iraq, and helping the Afghan the House of Representatives? They are this. In the Defense authorization bill, fighters defend their nation. They the ones who put this provision in. It is we have a 2.1-percent pay raise for the won’t be going home, but we will. And the Republicans who control the House military. In the continuing resolution, what will we leave them with? A $6 bil- of Representatives. Do Republicans fill it is not in there. We are not even lion reduction in their ability to defend the majority of the seats in this Sen- going to reward our men and women in this Nation. ate? The last time I checked, they do. the military with a pay raise that they The continuing resolution locks our Did the Republican candidate just win have earned. military into last year’s budget and the White House? Some of my colleagues on the Appro- last year’s priorities. Tell me a com- What on Earth are we doing here? priations Committee will argue that pany in the world where you have to Why are Republicans who complained this continuing resolution is an in- stick with the priorities from the year for so long about runaway government crease to defense spending. That is a before as you approach the coming spending about to vote on a take-it-or- lie. I don’t say this very often, but any- year as to what you want to do and you leave-it continuing resolution that in- one who says there is an increase in de- are locked into the last year’s provi- creases nondefense spending? Why are fense spending in this continuing reso- sions. Republicans doing that? Why are Re- lution is lying. For those of you who Consider what happened to our publicans who proclaim that ours is are not familiar with Washington counter-ISIL efforts under the con- the party of strong defense cutting doublespeak, let me explain how cut tinuing resolution that is about to ex- funding for our military to plus up translates into increase inside the belt- pire. Last week, military leaders had spending on domestic programs? What way. The new continuing resolution to come to Congress hat in hand seek- is going on here? represents a modest increase over the ing relief from the constraints of a con- Why are Republicans who voted down previous continuing resolution passed tinuing resolution in order to keep up increased funding for our military be- in September, but that legislation con- the fight against ISIL. Since the begin- cause of the Bipartisan Budget Act vot- tained a large cut to defense spending. ning of the year, the Defense Depart- ing for a continuing resolution that al- Just as now, Members of this body ment requested money to support local lows nondefense spending to exceed were asked to go along with this cut forces in Syria who are fighting to that law and creates a loophole to es- with a promise that a Defense appro- drive ISIL out of Raqqa, but because cape sequestration? priations bill would soon follow. None we are on a continuing resolution, Why are Democrats who lectured for appeared. money wasn’t there. The Secretary of years—I got that lecture for hours and In other words, the best we can say Defense, the highest civilian leader of hours about the principle of fairness, of about the continuing resolution we are our military, had to spend his time parity—who insisted that funding in- considering today in this body today— searching couch cushions to continue creases must be shared equally between and I am sure it will be passed on a Fri- our fight against ISIL. Every day that defense and nondefense. Why are those day night—is that it merely contains a ISIL remains entrenched in Raqqa is Democrats about to support a con- smaller defense cut than its prede- another day they can plot attacks on tinuing resolution that explicitly cessor. Twist the figures all you want, our homeland. It is another day they breaks that principle and that funds in- and I guarantee you that somebody on can terrorize Syria. It is another day

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.051 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6964 CONGRESSIONAL RECORD — SENATE December 9, 2016 they can call themselves a caliphate. It vides DOD relief from these restric- strained fiscal environment and dis- is another day they can attract foreign tions for the Ohio replacement pro- rupts predictability and our ability to fighters to their murderous cause. All gram, the KC–46 tanker, and the properly plan and execute a budget and of the Defense authorization and appro- Apache and Black Hawk helicopters, a 5-year program.’’ priations bills included the money to but that is only four programs out of The Chief of Staff of the Air Force, fund Syrians fighting to remove ISIL hundreds. Worse still, this leaves DOD General Goldfein, warned that a con- from its sanctuary, but the continuing with the wrong mix of funding, causing tinuing resolution would reduce pro- resolution did not. If we had done our shortfalls in important accounts total- curement of critical munitions for the jobs, this wouldn’t be an issue, but it ing $22 billion. Let me repeat: The con- ISIL fight, affecting not only the was. tinuing resolution leaves the Depart- United States but our coalition part- The same thing will happen under a ment of Defense with a $22 billion ners that rely on us to deliver preferred new continuing resolution that does shortfall across important accounts. munitions. not fully fund the war in Afghanistan. Locking in funding at last year’s level The Chief of Naval Operations, Admi- The legislation will force the Depart- across all accounts is willful ignorance ral Richardson, warned that a con- ment of Defense to pay for urgent re- of the Department’s plan to grow nec- tinuing resolution would lead to wast- quirements to deter Russian aggression essary programs and cut wasteful ones. ed taxpayer dollars. Under a con- in Europe by cannibalizing funds need- This is not wise fiscal stewardship. tinuing resolution, the Navy would be forced to break up its contract actions ed to help our Afghan partners take This is reckless government on auto- into smaller pieces. As a result, Admi- the fight to our common terrorist en- pilot, and here are just a few of the ral Richardson warned that the Navy emies. When it comes to national secu- consequences. rity, robbing Peter to pay Paul is not a The continuing resolution is totally would not be able to ‘‘take advantage strategy; it is a disgrace. This wouldn’t blind to the military readiness crisis of savings from contractors who could be necessary under an appropriations that is putting the lives of service- better manage their workload and pass on lower costs to the Navy. These re- bill, but it is under this continuing res- members at risk. We are asking our dundant efforts drive additional time olution, which is blind to the realities troops to be ready to defend this Na- and cost into the system, for exactly of our dangerous world, and the con- tion at a moment’s notice. We are ask- the same output.’’ sequences will be felt on the battle- ing our troops to be ready to take the The Chief of Staff of the Army, Gen- field. fight to ISIL. We are asking our troops eral Milley, made a similar warning The Department of Defense had re- to be ready to deter, and if necessary, about waste and inefficiency resulting quested $814 million to provide our Af- defeat aggression in Europe, the Middle from budget uncertainty, saying, ghan partners with the helicopters and East, and Asia-Pacific. We are asking ‘‘things like multiyear contracts’’—et fixed-wing aircraft they need to take them to be ready today, but a con- cetera, et cetera. General Milley is the fight to the Taliban and ISIL. This tinuing resolution would force trade- right. continuing resolution contains none of offs that undermine readiness. I say to my colleagues: This madness that funding. If there is anything we We heard about the readiness crisis has to end. It is time for Congress to do need in this fight, it is airpower. all year, but what does it really mean? its job. When it comes to doing our General Nicholson, the commander of It means the Navy doesn’t have enough constitutional duty to provide for the U.S. and international forces in Af- money to maintain ships and aircraft. common defense, there is no call for ghanistan, sent me a letter yesterday, It means that ships that taxpayers lazy shortcuts that shortchange our and he warns that without this fund- spent billions of dollars to buy will be troops. We passed the Defense author- ing, ‘‘the Afghan security forces risk anchored at docks instead of out to ization bill. Now let’s fund it by pass- losing the positive close air support sea. It means our Navy and Marine ing the Defense appropriations bill, momentum gained over the past year, Corps aircraft will be grounded and which gives our troops the resources, which proved instrumental in enabling their pilot skills wasting away. It predictability, and flexibility they them to thwart the enemy eight sepa- means the Air Force won’t have the need and deserve. Next year, with a rate times in its efforts to seize provin- funding required to recruit airmen to new President and Congress, let’s go to cial capitals.’’ keep its aircraft maintained and fly- work immediately on ending sequestra- What are we doing here? With the ing. tion once and for all and returning to a continuing resolution, we are putting The NDAA we just passed would have strategy-driven defense budget. That is the lives of countless Afghans in dan- stopped the military from cutting sol- what the American people expect of us, ger because we are not giving them the diers, sailors, and airmen. But because and it is what the men and women who air support that they need. of this continuing resolution, the Army serve and sacrifice on our behalf de- Our failure to do our jobs and pass will begin firing 3,000 qualified cap- serve from us. this bill and this irresponsible contains. That is 3,000 soldiers with fami- As I said, if I know my history—and tinuing resolution will make it even lies. That is 3,000 soldiers who want to I have been around here long enough— harder to achieve success in our Na- stay in the military and continue to there will be an agreement. We will tion’s longest war. This is shameful. A serve their country. That is 3,000 sol- have a vote, and then go home and con- continuing resolution will also make diers willing to put their lives on the gratulate ourselves. For the next 15 the job of managing the government’s line for us, but because we refuse to do days—or whatever it is—we are going largest agency even more difficult and our jobs, 3,000 soldiers are going to get to enjoy the Christmas holidays with at the worst possible time. The Presi- pink slips. That is shameful. It is mad- our families and friends, pat ourselves dential transition process currently ness. on the back, and tell each other what a underway is difficult enough on its Every senior leader at the Depart- great job we have done. own, but no incoming President has ment of Defense has warned Congress We shouldn’t do that. There are men ever had to inherit a Department of about the negative impacts of a con- and women serving in uniform overseas Defense operating under a continuing tinuing resolution on our troops. away from their families and friends resolution. I will repeat that: No Presi- Secretary of Defense Ash Carter stat- and putting their lives in danger. We dent has ever had to inherit a Depart- ed that ‘‘a continuing resolution is a haven’t done our job. We haven’t done ment of Defense operating under a con- straitjacket’’ that ‘‘prevents us from our job to provide for their security tinuing resolution, and this is not the fielding a modern, ready force in a bal- and their defense. What we have done time to break the streak. anced way.’’ A continuing resolution, is miserably failed, and this is an- Under a continuing resolution of any Secretary Carter said, ‘‘undercuts sta- other—not the first—and maybe the duration, our military, by law, has to ble planning and efficient use of tax- most egregious, given the state of the delay 78 new military systems and stall payer dollars.’’ world today as we watch thousands additional production of 89 others. A The Commandant of the Marine being slaughtered in Aleppo, as we continuing resolution delays major re- Corps, General Neller, warned that a watch the Syrian refugee crisis, as we search and development initiatives. long-term continuing resolution ‘‘dra- watch the Chinese act more aggres- The latest continuing resolution pro- matically increases risk to an already sively, as we watch a buildup of the

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.052 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6965 military in Kaliningrad, a place most line. I have been working on this and drought are creating increasing people have not heard of, and we watch project for decades, alongside the local the potential for a catastrophic wild- the continued aggression and advan- sponsors and Army Corps of Engineers. fire in the Tahoe Basin, sedimentation tage that our enemies and adversaries With nearly 200 square miles of com- and pollution continue to decrease believe are appropriate action for them munities in low-lying areas along the water quality and the lake’s treasured in light of our weakness. shoreline, some that are more than 13 clarity, and invasive species threaten What do we do? The message we send feet below sea level, this area faces a the economy of the region. to the men and women who are serving significant threat of major tidal flood- The time to act to is now, and the in our military is that we care more ing. Federal Government must take a lead- about being home for the holidays than Coupled with the restoration of more ing role—close to 80 percent of the land we do about you. than 15,000 acres of wetlands, this surrounding Lake Tahoe is public land, I yield the floor. project will protect vulnerable commu- primarily in more than 150,000 acres of The PRESIDING OFFICER (Mr. BAR- nities and improve wildlife refuges and national forest. RASSO). The Senator from Oklahoma. public and private infrastructure val- This bill authorizes $415 million over Mr. INHOFE. Mr. President, just to ued at more than $50 billion. 10 years to help address those chal- ensure that there is no confusion, I ask The bill also authorizes the Los An- lenges. that I be recognized for such time as I geles River Project. At a cost of $1.42 This bill authorizes $150 million for may consume at the conclusion of the billion, this project will restore 11 wildfire fuel reduction and forest res- remarks of the distinguished senior miles of the Los Angeles River from toration projects, $45 million to fight Senator from California. Griffith Park to downtown Los Ange- invasive species including a successful The PRESIDING OFFICER. Is there les. boat inspection program, $113 million objection? The bill also authorizes $880 million for projects to prevent water pollution Without objection, it is so ordered. to reduce floods along American and and help improve water infrastructure The Senator from California. Sacramento Rivers near Sacramento, that helps to maintain the lake’s water Mrs. FEINSTEIN. Mr. President, be- $780 million to reduce flooding in West clarity, $80 million for the Environ- fore I begin, I wish to say a few words Sacramento, and expands eligibility of mental Improvement Program which about my colleague from California an existing Federal program increasing prioritizes the most effective projects who is retiring. I very much regret funding for harbor maintenance to infor restoration, and $20 million for the that I was not able to be here for her clude the ports of Hueneme and San U.S. Fish and Wildlife Service to help remarks on the floor. However, I have Diego. with the recovery of several native fish written a rather extensive statement The bill also includes a piece of legis- species. for the record. I want to say here and lation that deals with a passion of The bill also requires an annual re- now that no one has fought for Cali- mine, saving Lake Tahoe. port to Congress detailing the status of fornia or for this country harder. She This summer, more than 7,000 people all projects undertaken to make sure has had a dedicated and long career of joined together for the 20th Annual dollars are expended wisely. service to our country, and her accom- Lake Tahoe Summit. We have an opportunity to ensure the plishments are many. I proudly shared the stage with Sen- future of Lake Tahoe by passing the Those are documented in the record, ators REID and BOXER, California Gov- Water Resources Development Act of and I believe they will stand the test of ernor Jerry Brown, and President 2016 and, thus, passing the Lake Tahoe time. So I want to offer my heartiest Obama. Bill of 2015. I want to speak today about the Cali- congratulations to her for 24 years of This summit was an impressive book- fornia drought language in this bill, service to this country. We came to the end to Senator REID’s efforts to save which represents 3 years of effort on Senate together. I have very much re- Lake Tahoe. In 1997, he invited President Clinton my part. I believe these provisions are spected her, her work, and her dili- both necessary and will help our State. gence over these years. for the first Lake Tahoe Summit to highlight the declining health of the I think it is noticeable that both WRDA lake and to announce a major Federal Democrats and Republicans in the Cali- Now, Mr. President, I rise to speak restoration effort. fornia House delegation voted for this about the Water Resources Develop- That summit launched an impressive bill. In fact, a substantial majority of ment Act, which the House passed yes- public-private partnership that has California House Democrats—21 out of terday afternoon 360 to 61. My col- since invested $1.9 billion in restora- 37—voted yes for the bill. league Senator BOXER was the author tion projects in Lake Tahoe and the I particularly want to thank Rep- of that bill. I believe it is a good bill. surrounding basin. resentatives COSTA and GARAMENDI for There is a whole litany of excellent This remarkable partnership brought their help in this bill throughout this projects that benefit the environment Federal, State, local, tribal, and pri- effort. They really made a major effort. as well as the economy of so many of vate interests together to help save the Overall, 35 of the 51 California rep- our States. lake. resentatives from both parties who I want to say something else about Their work got a real boost in 2000 voted, from up and down our very big my remarkable colleague. We first ar- when we passed the original Lake State, voted for this bill and its rived here in the Senate 24 years ago. Tahoe Restoration Act, which author- drought provisions. She has accomplished a lot in that ized $300 million over 10 years. California is now entering into our time, protecting the environment, de- That $1.9 billion has been invested in sixth year of drought. Experts have in- fending the downtrodden and vulner- nearly 500 completed projects and 120 dicated that even if this is the final able, and fighting for California. She is more that are in the works. These in- year of drought, which many doubt, it a tremendous Senator, and I believe clude erosion control on 729 miles of will take an additional time of 4 years her record will withstand the test of roads, 65,000 acres of hazardous fuels to recover. The effects of the drought time. treatment, more than 16,000 acres of have been devastating. In the past 2 Mr. President, I would like to focus wildlife habitat restored, and 1,500 years, 35,000 people have lost jobs; $4.9 on two provisions in this bill, the water acres of stream environment zones re- billion has been lost to the California infrastructure provisions and funding stored. And 2,770 linear feet of shore- economy; 1 million acres of farmland for Lake Tahoe restoration and protec- line has been added, creating or im- were fallowed in 2015; 69 communities tion. proving 152 miles of bike and pedes- have little or no water; and 2,400 pri- First, this bill includes many vital trian routes. vate water wells have gone dry. We had water infrastructure projects that will But we still have more work to do. 102 million trees on Federal land die limit the risk of flooding, restore crit- The Tahoe Environmental Research during this period of time. Parts of the ical wildlife habitat and keep our ports Center at UC-Davis recently released Great Central Valley have seen as running smoothly. their annual State of the Lake report. much as 1 foot of land subsidence. That The bill authorizes $177 million for Their research highlighted several is where the ground actually sinks be- the South San Francisco Bay Shore- threats to the lake: Climate change cause of groundwater depletion. This

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.053 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6966 CONGRESSIONAL RECORD — SENATE December 9, 2016 means cracks in canals, bridges, and both fish and farms; and allowing expe- islation entitled the California Long-Term pipelines. I have seen those photos. We dited reviews of transfers and construc- Provisions for Water Supply and Short-Term have had 95- and 98-percent salmon tion of barriers to protect water qual- Provisions for Emergency Drought Relief mortality in the past 2 years because of ity. Act, numbered S. 2533 and H.R. 5247. I apologize for the delay in this response. problems with cold water temperature These water supplies are not for big As you know, I testified on S. 2533 before valves and probes at Shasta Dam, corporate agriculture, as some would the Senate Energy and Natural Resources which provides the cold water to the have you think; this water is for the Committee’s Water and Power Sub- Sacramento River. tens of thousands of small farms that committee on May 17, 2016. Your legislation To address the devastating impacts have gone bankrupt, like a melon authorizes significant new investments in of this drought and to create a long- farmer who sat in my office with tears proven water supply and conservation activi- term new infrastructure that moves in his eyes and told me how he lost a ties that will help make California’s water away from dams, the bill contains two farm that he had struggled to pay for supplies more resilient in the face of drought. Locally supported projects such as key parts: short-term provisions and and that had been part of his family for water recycling, water efficiency improve- long-term provisions. Before I go into generations. There are also small ments, desalination, groundwater storage, them, I want to say that the drought towns in the Central Valley, where peo- distributed treatment systems and surface part of the bill is supported by 218 cit- ple are still bathing with bottled water water storage are given thoughtful consider- ies, 6 county governments, 446 water and some 2,500 wells have run dry. ation in S. 2533, with allowance for robust districts, both urban and agricultural. We worked for 2 years with Interior, non-federal cost-sharing for new projects. I ask unanimous consent that that NOAA fisheries, and the Council on En- In addition, the bill contains an important savings clause in section 701 which states information be printed in the RECORD vironmental Quality to make sure there were strong environmental pro- that the bill shall not be interpreted or im- directly following my remarks. plemented in a manner that ‘‘overrides, Those operational provisions are tections, including a very comprehen- modifies, or amends’’ the Endangered Spe- short term. They last just 5 years. sive savings clause, and we will get to cies Act (ESA) or the application of the bio- They don’t contain any mandatory that in a minute. logical opinions governing operations in the pumping levels. This bill does not say So the bill in this measure requires Bay Delta. The combination of these provi- that if the water flow is such and such, agency scientists to review every pro- sions leads me to conclude that the direc- the pumps that move that water must posed action. That is right. Scientists tives in this legislation are to be imple- pump at X, Y, or Z. There is none of must review and approve every pro- mented in a manner consistent with the ESA that. Instead, what this bill does is re- posed action under this bill. These are and the current biological opinions for the federal and state projects. quire daily monitoring for fish when agency biologists and experts in endan- While S. 2533 and H.R. 5247 codify the flexi- water is turbid. gered species. The bill requires them to bility Reclamation has exercised in its This monitoring also takes place carefully review every proposal to drought contingency plans over the past sev- more frequently and closer to the move water under the provisions of eral years, I also wish to be clear that there pumps than it does today. Today, it is this bill. That is what they do today, is little, if any, operational flexibility re- at 17 miles from the pumps, and the and that is what they would do under maining in the biological opinions beyond change is 12 miles from the pumps. It the bill. That is what the ESA requires, that already being exercised. Consequently, also requires agencies to explain their and that is what this bill will require. as indicated by the 2015 Statement of Admin- The savings clause in this bill also istration Position on H.R. 2898 (Valadao), the decisions when they reduce pumping. Department would be concerned about, and This will bring about transparency, makes clear that the provisions will would likely oppose, any subsequent change provide solid reasoning for decisions, not override existing environmental in the authorizations contained in S. 2533 or and, I think, reduce the angst that ex- law, like the Endangered Species Act H.R. 5247 that purport to create additional ists out there about how those systems and biological opinions. flexibility in the biological opinions by are controlled. The bill also makes clear that noth- amending those opinions or the ESA itself. Those provisions simply require the ing in this bill will affect water qual- I believe that on balance, S. 2533 is a bene- agencies to use the best available ity. Drinking water will still be avail- ficial piece of legislation and will help Cali- able at the same levels of quality as be- fornia’s water supply in the near- and long- science based on real-time monitoring term. I appreciate your ongoing efforts to so that we can save some water from fore. The State will have the same abil- work with Reclamation and the Department those heavy flows, as you see on the ity to regulate water in the delta as it on this bill. [intend to continue this partner- chart next to me. These are the heavy always has had. To make this even ship moving forward. flows that came in February and clearer, each individual section also re- Sincerely, March, and we were not able to hold quires consistency with the environ- ESTEVAN R. LO´ PEZ, this water and use it later in the year. mental laws and biological opinions. Commissioner. What we have done here is tracked These protections are referenced in every single day from the beginning of the bill no less than 36 times through- From the Office of Senator Dianne Fein- out. In fact, the Commissioner of the stein, Dec. 9, 2016 the year and what the pumping level Re Drought language savings clause was and what the water level was. We Bureau of Reclamation wrote on June SAVINGS LANGUAGE also talk about the numbers caught, 27. He wrote about the savings clause: ‘‘[The savings clause] leads me to con- The drought language included in the which are very small: adult smelt, 12; Water Resources and Development Act of juvenile smelt, 8, and winter-run salm- clude that the directives in this legis- 2016 contains a comprehensive savings on, 56. So this can be improved, and we lation are to be implemented in a man- clause. The savings clause states that noth- seek to do that. ner consistent with the ESA and the ing in this legislation overrides, modifies, or We also provide provisions that sim- current biological opinions for federal amends, the Endangered Species Act or the ply require the agency to use the best and state projects.’’ relevant provisions of the smelt and available science based on real-time I ask unanimous consent to have this salmonid biological opinion that govern the monitoring, so, again, we can save letter and my memo concerning the coordinated operations of the Central Valley water from the heavy flows, as you drought savings clause be printed in Project and the State Water Project, located in California. the RECORD. have just seen. Even if this sixth year In fact, the Interior Department (respon- is a bumper crop of water, UCLA pre- There being no objection, the mate- sible for developing and implementing the dicts that it is going to take 41⁄2 years rial was ordered to be printed in the smelt biological opinion) and the Commerce to recover from the drought. RECORD, as follows: Department (responsible for developing and Other short-term provisions include U.S. DEPARTMENT OF THE INTERIOR, implementing the salmonid biological opin- extending the time period for vol- BUREAU OF RECLAMATION, ion) drafted sections that govern impacts to untary water transfers by 5 months; Washington, DC, June 27, 2016. these endangered species. The intention be- ending the winter storm payback re- Hon. DIANNE FEINSTEIN, hind three years of work with the federal U.S. Senate, agencies responsible for enforcing the En- quirement, which says: If you save this Washington, DC. dangered Species Act was clear: To prohibit water, you must put it back into the DEAR SENATOR FEINSTEIN: Thank you for any federal agency, under any administra- ocean; allowing a 1-to-1 ratio for vol- your letter of February 24, 2016, addressed to tion, from taking any action that would vio- untary water transfers that can help President Barack Obama regarding your leg- late the Endangered Species Act, 16 U.S.C.

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.056 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6967 §§ 1531–1544 (2012) or the relevant biological that year. We incorporated feedback sure we avoid a devastating loss to opinions. from a variety of stakeholders, includ- salmon. That the Act is to be implemented in a ing environmentalists, water districts, manner that complies with the protections Let me tell you what that $43 million within the Endangered Species Act is high- and State and Federal agencies. We includes: $15 million for habitat res- lighted by a June 27, 2016 letter from the made dozens of changes. toration projects, $15 million for fish Commissioner of Reclamation. In that let- Incorporating all of this, I then in- passage projects, $3 million for a long- ter, the Commissioner states the savings troduced a revised bill in February of wanted delta smelt distribution study clause and other environmental protections 2016. That revised bill received a second requested by Fish and Wildlife, and a contained in S. 2533 (upon which this savings Senate hearing in the committee in program to reduce predator fish. Let clause was based) ‘‘leads me to conclude that May. The administration testified at me tell you what a big problem that is the directives in the legislation are to be im- that time that the bill complied with in the delta. People add predator fish plemented in a manner consistent with the the Endangered Species Act and rel- ESA and the current biological opinions for such as striped bass to be able to en- the federal and state projects.’’ evant biological opinions. courage a fishing industry. The smelt To make clear this legislation’s goal of The short-term operational provi- go where the turbid waters are. The consistency with the Endangered Species Act sions in this bill are largely the same fishing magazines say if you want to and biological opinions, each individual sec- as the bill I introduced in February. We catch fish, go to the turbid water. So tion of the bill likewise requires consistency also made the savings clause and envi- fishermen go to the places where the with the environmental laws and biological ronmental protections even stronger, striped bass are feeding on the endan- opinions. These protections are referenced no referencing them no fewer than 36 gered species. Additionally, in this bill, less than thirty-six times throughout the times. I truly believe the long-term bill. we have money to eliminate what has The argument that a savings clause—of the provision, as well as the environmental been a huge growth of water hyacinth, kind that is routinely included in bills protections, would not be included in which drain the nutrients from the passed by Congress—may be rendered inef- any bill under a Congress that we water. fective by more specific provisions of an act might expect in the future. I would also say we have about a misses the mark. As a general matter, the While the short-term provisions will dozen sewage treatment plants that Supreme Court has made clear that it will alleviate some suffering, I believe that take its guidance from a ‘‘common-sense put millions of gallons of 1.75 million the most important part of the bill is gallons of ammonia per year into the view’’ of the language of the savings clause actually the long-term section. In Cali- itself. And the language here is unmistak- delta. The delta is a troubled place, and fornia, we have depended on a water able and clear: Nothing in the Act ‘‘over- let there be no doubt about it. There rides, modifies, or amends the applicability system that is overallocated and over- are a lot of islands, there is farming, of the Endangered Species Act of 1973 (16 stressed. I want to explain that. and the soil is peat. When the levees We have two big water systems. One U.S.C. 1531 et seq.) or the application of the leak, the peat soil goes into the delta, smelt and salmonid biological opinions to is the State water system, put forward throws off trihalomethanes, and pol- the operation of the Central Valley Project by Governor Pat Brown in the middle lutes the water further. or the State Water Project.’’ 1960s, when California had 16 million In fact, the Supreme Court concluded that people. The other is the Central Valley We add $10 million to connect impor- language in a savings clause worded almost Water Project, bonded and paid for by tant wildlife refuges to sources of identically to the clause in S. 2533 did, in water, and the bill also includes $515 fact, govern in the event of conflicts between agriculture water contractors. That was put forward in the 1930s. million that can go to a new kind of the act and already-existing legal standards. water infrastructure for California. The statute there made clear that nothing in By census, California today is 39.1 the act could be construed to ‘‘modify, im- million people, and the number of un- This includes $30 million for design pair, or supersede’’ the applicability of anti- documented in addition to that is esti- and construction of desalination trust laws and any other federal, state, or mated to be 2.5 million. I often say, and plants. These projects actually do local law. That reading led the Court to the it is conservative, the State today is 40 work. What I am told is what we need logical conclusion that nothing in the act million people with a water infrastruc- to secure is a third-generation mem- (much like the language here) could be read ture created when we were 16 million brane because the energy coefficient of to alter already-existing standards (the ana- desal has been negative. With a third- logue here would be the biological opinions people. and the ESA). To address the demands of a growing generation membrane, you can turn Moreover, the argument for applying the population and changing climate, we that deficit into a positive coefficient. savings language to each individual provi- have long-term provisions that include The bill also includes $335 million for sion of the bill is even stronger in this case, $550 million in authorizations for pro- storage and groundwater projects. The because each individual provision repeats grams, including fish and wildlife pro- only way we will be able to weather fu- the same environmental protections. Rather tection, desalination, storage, recy- ture droughts is by holding water in than conflicting, the savings language and wet years for dry years, and that the individual sections reflect the same in- cling, and water grant programs. Over tent: that any action implementing the bill the course of 3 years of work, we heard means more storage, including ground- must be consistent with the environmental the concerns of many people about the water storage. We have money in there laws, including the ESA and the biological loss of salmon. And I’ve been told that for WaterSMART, and this will help opinions. the pumps actually were not to blame fund water supply and conservation. Mrs. FEINSTEIN. In fact, the savings for the high mortality rates of salmon We have $50 million included for the clause here is drafted to be nearly iden- in the past 2 years. In fact, only 56 out existing Colorado River System Con- tical to the savings clause in a case of an allowable 1,017 salmon were servation Program. To date, this pop- called Verizon Communication v. caught at these pumps. I said I was dis- ular program has resulted in 80,000 Trinko. This is a Supreme Court case appointed. The word is surprised. The acre-feet of water saved throughout the in which the Court took a common- problem has been a malfunctioning West, including through projects in Ar- sense view of the same clause as we cold water valve at Shasta Dam that izona, California, Nevada, Colorado, have in this bill and concluded that meant there was not enough cold water and Wyoming. clause prevented any modification to for fish in the Sacramento River. Ac- I wish to address my colleagues’ con- existing law. cording to NOAA Fisheries, these mis- cerns that this bill will allow the next I also want to talk about process. takes resulted in a salmon kill of 95 administration to build dams all over The bill before you today is the result percent in 2014 and a salmon kill of 98 the country without any congressional of 3 years of painstaking and public percent in 2015. Of the $150 million in approval, and this is simply not true. work. I first introduced a version of the energy and water appropriations I Let me set the record straight about this bill in July of 2015. That bill re- have acquired the past two years, we how storage projects work under this ceived significant public input, includ- have used some to fix this problem and bill. The drought language here gives ing a Senate energy committee hearing Shasta, in addition to other infrastruc- Congress veto authority through con- last October. Based on feedback, I re- ture problems. We also have $43 million trol of appropriations for any storage vised that bill and then circulated a of environmentally beneficial bills, project. This means that reclamation public discussion draft in December of some of which can be used to make will do the same rigorous studies it has

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.015 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6968 CONGRESSIONAL RECORD — SENATE December 9, 2016 always done, including feasibility stud- mentalists, water districts, Federal the middle of—arguably, three wars— ies and environmental impact state- and State agencies, and the ag sector. but that could be as late as 1 a.m. to- ments. This bill has bipartisan support in both morrow morning. After that is when we Reclamation would then submit a Houses, and I believe these provisions will be considering the WRDA bill. list of recommended projects to Con- will place California on a long-term That is the Water Resources Develop- gress, and Congress would decide how path to drought resiliency. ment Act. It is one of which I am very to fund them. If Congress has concerns, I wish to say thank you. A lot of peo- proud, as the current chairman of the it doesn’t fund the project. It is that ple have had a very hard time through Environment and Public Works Com- simple. This will allow Federal funding this drought. It is my hope that we can mittee, to be involved in this bill that to go to qualified, environmentally get this bill passed and then, on a bi- has been so eloquently described by mitigated, and cost-beneficial projects partisan basis, this Congress, both Sen- Senator FEINSTEIN. on the same timeframe as projects ate and House, can see that we do what For the last several months, our funded under the California State we can to abate this drought and also committee has been working to put to- water bond. That is just common sense, begin to build a new water infrastruc- gether the final WRDA package with making sure the Federal Government ture in California. our counterparts in the House, actu- partners with States such as California I thank the Chair. ally, the House Energy and Commerce, to ensure the best projects get funding There being no objection, the mate- the House T&I Committee, and the but only with Congress’s approval. rial was ordered to be printed in the Natural Resources Committee of the It was said on this floor that ground- RECORD as follows: House. This legislation is truly a win water projects are the best solution for California Drought Relief for America. While we just heard of California water problems, and this bill SUPPORT FOR PROVISION IN WATER RESOURCES many things that be of benefit for the helps build those groundwater projects. DEVELOPMENT ACT OF 2016 State of California, there is not one Again, this proposal made so much SUPPORT FOR DROUGHT PROVISION IN WRDA 2016 State that doesn’t have benefits there. sense 1 year ago that my colleague Endorsed Bill & Voted for Final Passage They are long overdue and coming from California cosponsored the meas- House Majority Leader Kevin McCarthy, from this legislation. ure. Moreover, this is not the Federal Rep. John Garamendi (D-CA3), WRDA authorizes 30 new navigation, Government building projects that Rep. Jim Costa (D-CA16), flood control, and environmental res- States and local governments oppose. Rep. Ken Calvert (R-CA42), toration projects and modifies eight To the contrary, the bill sets up a proc- Rep. Devin Nunes (R-CA22), existing projects based on reports sub- ess where the Federal Government can Rep. David G. Valadao (R-CA21), mitted to Congress by the Secretary of contribute up to 25 percent of the cost Rep. Douglas LaMalfa (R-CA1), the Army. These projects support our Rep. Tom McClintock (R-CA4), of projects built by States or local Rep. Darrell E. Issa (R-CA49), Nation’s economic competitiveness and agencies in collaboration with a broad Rep. Mimi Walters (R-CA45), our well-being by deepening nationally range of local agencies. Rep. Stephen Knight (R-CA25), significant ports, providing protection The Federal Government cannot con- Rep. Edward R. Royce (R-CA39), from disastrous floodwaters, and re- tribute more than 25 percent of the Rep. Paul Cook (R-CA8), storing valuable ecosystems. cost. They have to work with the Rep. Jeff Denham (R-CA10), Let me just list a few: the Little States and local agencies that would Rep. Scott H. Peters (D-CA52). Diomede Harbor and Craig Harbor in fund the rest. Letters of Support & Press Releases Alaska, the Upper Ohio River in Penn- This provision has also been the sub- Metropolitan Water District of Southern sylvania, Port Everglades in Florida, ject of two public hearings and the California, and 17 flood control and hurricane pro- Ducks Unlimited, tection projects in California, Florida, Obama administration supported it. California Waterfowl Association, The Obama administration stated the City of Fresno, Mississippi, New Jersey, Illinois, Wis- following in relationship to the water City of Pasadena, consin, and Oregon. This bill also in- storage programs in the bill at the May Water Infrastructure Network, cludes ecosystem restoration in the 26 hearing in the Energy Committee: San Francisco Public Utilities Commis- Florida Everglades, which will fix Lake We are finding that State and local juris- sion, Okeechobee and stop algae blooms on dictions are developing their own funding for Gateway Cities Council of Governments the Florida coast. many of these types of projects and would (list of members available at http:// The bill also includes ongoing flood www.gatewaycog.org/gateway/who-we-are/ like to have a federal partner but are unable control and navigation safety in the to wait for an authorization for Reclamation member-agency-contacts), Southern California Association of Govern- Hamilton City project in California, to participate in such a project. Con- the Rio de Flag project in Arizona, and sequently, we are of the view that in addi- ments (list of members available at https:// tion to the traditional Reclamation para- www.scag.ca.gov/about/Pages/members.aspx), in critical fixes for the Houston Ship digm for study, authorization, then partici- Association of California Water Agencies Channel. The bill includes programs to pation in federal water projects, Congress (list of members available at http:// help small and disadvantaged commu- should revisit a standing authorization that www.acwa.com/membership/directory). nities provide safe drinking water and allows some kind of investment in the state Mrs. FEINSTEIN. I yield the floor. will help communities address drinking and local projects as contemplated. The PRESIDING OFFICER. The Sen- water emergencies, such as the one fac- I want to talk about the offsets on ator from Oklahoma. ing the city of Flint, MI. the bill. On this floor, it has been said Mr. INHOFE. Mr. President, I stayed Let’s ensure that we all understand that this is a sweetheart deal that on the floor and listened to all of the that without the authorization of this would cost the taxpayers billions of remarks of the senior Senator from bill, there will be no Flint relief. That dollars, and that is simply flatly un- California. While doing that, we did is very important. I want to repeat true. some checking. My staff informs me that. People don’t seem to understand. In fact, the CBO budget office has that probably this bill has more bene- There is a lot of support in this Cham- said that the bill will save Treasury fits for the State of California than any ber to try to help out with the prob- $558 million, and that is the truth. bill since I have been here for 22 years lems, the disasters that took place in As I said, California is home to more so I think it is very important the peo- Flint, MI, so we have a relief package than 40 million people and our major ple understand that if for some reason that is included in this bill, but if the water infrastructure hasn’t been sig- this bill doesn’t pass, none of the bill for some reason doesn’t pass, there nificantly changed in the past 50 years things, the provisions the Senator was will be no relief for Flint, MI. when we had 16 million. We must mod- talking about, will happen so it is very The House has voted to authorize ernize the system, both the infrastruc- significant. Flint funding in the WRDA bill and ture and operational flexibility, or I Since we are going to have a vote on spending in the continuing resolution. fear we risk eventually becoming a a continuing resolution, I think at this Both of these bills provide the benefit desert State. point we need to make sure our govern- for Flint, MI, passed by over a three- To the best of our ability, we have ment does not shut down. It is very im- fourths majority. We could not have addressed concerns raised by environ- portant that it not shut down right in worked closer with Senator STABENOW

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.058 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6969 and Senator PETERS to ensure we keep sistent with effects allowed under the Watercraft inspection stations, Co- relief for Flint. I appreciate their part- Endangered Species Act, the Clean lumbia River Basin. The bill clarifies nership and their persistence. They Water Act, and the California Water that the watercraft inspection stations were very persistent, because these Quality Control Act. to protect the Columbia River Basin provisions were in here before, but the Section 4002 and section 4003 reit- from invasive species may be located relief is delivered. But if for some rea- erate the requirement to comply with outside the basin if that is necessary to son the bill doesn’t pass, Flint gets the smelt biological opinion and the prevent introduction of invasive spe- nothing, and people have to understand salmon biological opinion. Senator cies. Again, Washington State. that. We could not have had a closer FEINSTEIN also covered that. Tribal assistance. This bill author- working relationship with Senator Finally, section 4012 includes a sav- izes relocation assistance to Indian STABENOW and Senator PETERS, and I ings clause—a savings clause written families displaced due to the construc- really appreciate the fact that we all by the U.S. Department of the Interior tion of the Bonneville Dam and re- worked together to accomplish this one and the Department of Commerce— quires a study of Indian families dis- thing. There is unanimity, and that is that ensures that the entire subtitle placed due to the construction of the help for Flint, MI. must be implemented in accordance John Day Dam and the development of The bill includes the Gold King Mine with the Endangered Species Act or the a plan to provide relocation assistance spill recovery. This section, cham- smelt and salmon biological opinions. associated with that dam. pioned by Senators GARDNER, BENNET, So that is significant. I think that Additional measures at donor ports and UDALL, requires EPA to reduce documents well enough that all of and energy transfer ports. This section costs incurred by States, tribes, and these environmental provisions are permanently extends the authority to local governments to respond to the complied with. provide additional funds for donor Gold King Mine spill. How I would rather spend my time on ports and energy transfer ports. This bill includes rehabilitation of the floor is talking about the positive Harbor deepening. The bill aligns the high-hazard potential dams. This sec- things in the bill because there is much cost share for construction of harbors tion of the bill authorizes FEMA as- more to say. Coal ash State permitting with the change in WRDA 2014 modi- sistance to States to rehabilitate un- is something that has been desired for fying the cost-share for maintenance of safe dams. There are 14,726 high-hazard a long period of time. It is finally al- harbors—a huge thing, and it is cer- potential dams in the United States. lowed in this bill. SPCC—that is, spill tainly of great benefit for the State of What that means is—the definition relief—for our Nation’s small farmers Washington. means that if a dam fails, lives are at is included thanks to Senator FISCHER. Implementation guidance. The bill stake. So the program will prevent loss And that provision is not just good for requires the Corps to issue guidance to of lives. her State, it is certainly good for my implement section 2107 of WRDA 2014 The WRDA bill is bipartisan. It will State of Oklahoma. To say that this relating to maintenance of emerging play a critical role in addressing prob- violates environmental law and regula- ports and Great Lakes ports. lems faced by communities, States, tions is simply not the case. Columbia River ecosystem restora- and our country as a whole. Many Senators have contributed to tion. The bill increases the authoriza- Earlier this week, Senator BOXER this piece of legislation, and there is tion ceiling for ecosystem restorations said that the House Republicans ruined literally crucial infrastructure and ac- studies and projects for the lower Co- a beautiful bill because some of them complishments in every State con- lumbia River in Oregon and Wash- ‘‘wanted to flex their muscles.’’ I don’t tained in this bill. ington, authorized in section 536 of know about that, but I do agree with Let me just repeat—it is very impor- WRDA 2014, the last WRDA that we her that this is a beautiful bill because tant because there has been a lot of passed. it does things that we haven’t had the discussion about what has happened in Watercraft inspection stations, Co- courage to get done before, so we want Michigan. If the bill is not passed, lumbia River Basin. This bill clarifies to make sure it passes. Flint, MI, gets nothing. that the watercraft inspection stations The House passed the WRDA bill I was going to talk about some of the to protect the Columbia River Basin with the drought provisions by a three- other provisions in the bill, but since from invasive species may be located fourth vote—360 votes. I can’t think of there is some concern expressed by one outside of the basin if that is necessary another time the House has passed of the Senators from Washington to prevent introduction of invasive spe- something with 360 votes. But that is State, I want to mention—just Wash- cies. the popularity of this WRDA bill and ington State; I won’t mention anything The oyster aquacultural study re- all the work that has gone into it. more about California because Senator quires the GAO to study the different However, there is something I don’t FEINSTEIN has already done that. But regulatory treatment of oyster hatch- think anyone has heard. This drought in Washington State, for the eries across the Corps districts. provision was drafted by the U.S. De- Skokomish River, Mason County, WA, Everything I have mentioned was in partment of the Interior and the U.S. the bill authorizes $20.26 million to re- Washington State. I could go State by Department of Commerce. The savings move a levy, which has the economic State, but there certainly isn’t the clause prohibits any Federal agency benefit of restoring 40 miles for salmon time. under any administration from taking habitat and for the fishing industry. So I would remind my colleagues that any action that would violate any envi- the fishing industry—for those con- the next vote that takes place that ev- ronmental laws, including the Endan- cerned with the salmon, this is a huge eryone has been concerned about is gered Species Act and biological opin- thing for them. going to pass, and it is going to pass to ions. Don’t just take my word for it; For Puget Sound, the bill authorizes stop us from having to shut down the ask Senator FEINSTEIN. She articulated $461 million to provide refuge habitat government. But after that is when we this very well. People have to realize for 3 listed species and 10 threatened are going to bring up the bill that we that this came from the Department of species, including 5 species of Pacific have been talking about all day today the Interior and the Department of salmon. The project is part of the that the Senator from California was Commerce; it was not just stuck in Puget Sound Chinook Salmon Recov- talking about, and it is something there by the committee. ery Plan. It is in this bill for Wash- that—I know we have only been work- We have heard claims that these ington State. ing on it for about a year, but we have operational provisions would violate The Columbia River ecosystem res- been working on some of the projects environmental laws. Let’s look at the toration. The bill increases the author- in there for as long as 3 years. actual text. Under this section 4001, ization ceiling for ecosystem restora- This is a chance to get it all done. If any operations to provide additional tion studies and projects for the lower something happens and we don’t do it, water supplies can only be imple- Columbia River in Oregon and in Wash- none of the stuff we are talking about mented if they are consistent with the ington State, authorized by section 536 is going to take place. Certainly all of applicable biological opinions and only of our WRDA bill that we passed in the efforts that Senator STABENOW, if the environmental effects are con- 2000. Senator PETERS, and I have spoken

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.060 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6970 CONGRESSIONAL RECORD — SENATE December 9, 2016 about in Michigan—the problems they miners. We made a deal to keep these ment [is] to do equal and impartial jus- are having up there—that is not going men in the mines, and now we must tice to all its citizens.’’ to happen; there is no help for Flint, honor the commitments we made. This idea was also reflected in the MI. I have no reason to believe it is not Congress is on the verge of turning Justice Department’s own mission going to pass. I believe it is. But I have out the lights and going home for the statement, which I have here: ‘‘To en- to stress the significance of this legis- rest of the year, but 100,000 coal miners force the law and defend the interests lation. face a reckoning. If Congress does not of the United States according to the With that, I yield the floor. act, more than 16,000 mine workers will law; to ensure public safety against I suggest the absence of a quorum. lose their health insurance by the end threats foreign and domestic; to pro- The PRESIDING OFFICER (Mr. of this month, another 2,500 coal min- vide federal leadership in preventing BOOZMAN). The clerk will call the roll. ers will lose their coverage by March, and controlling crime; to seek just The senior assistant legislative clerk by July another 4,000 miners will be punishment for those guilty of unlaw- proceeded to call the roll. without insurance, and on and on and ful behavior; and to ensure fair and im- Ms. WARREN. Mr. President, I ask on. This is not right. partial administration for all Ameri- unanimous consent that the order for Losing health insurance is tough for cans.’’ the quorum call be rescinded. anyone, but for coal miners it is a kill- No one believes in this mission more The PRESIDING OFFICER. Without er—literally. Coal miners face far high- and no one understands better what objection, it is so ordered. er rates of cardiopulmonary disease, this mission requires than JEFF SES- COAL MINERS BENEFITS cancer, black lung, and other injuries SIONS. Ms. WARREN. Mr. President, I come than most other Americans. They need Unfortunately, the Justice Depart- to the floor today to support Senators their insurance. ment has lost its way, becoming par- from both parties and in particular Our coal miners knew what they tial rather than impartial, political West Virginia Senators JOE MANCHIN were getting into. They knew they rather than independent, and partisan and SHELLEY CAPITO in their fight to were taking on work that was dan- rather than objective. The Justice De- protect health and retirement benefits gerous and risky to their health. That partment has enabled the executive for over 100,000 American coal miners is why they fought so hard for guaran- branch’s campaign to exceed its con- and their families. teed health coverage, and that is why stitutional power while ignoring Seventy years ago, the Federal Gov- they gave up a portion of their pay- Congress’s proper and legitimate role ernment made a simple promise to check every month, month after of oversight. This decline undermines the Amer- these union coal miners: America—our month, year after year, to pay for it. country—promised to provide health It is not just health care coverage. ican people’s trust in government. Ac- insurance and retirement benefits to About 90,000 miners and their families cording to the Pew Research Center, miners who went down in those mines will also soon lose their guaranteed public trust in government is at a record low. Fewer than one in five say and put their lives at risk to power this monthly pension benefits. These bene- they trust government most of the great Nation. fits aren’t some Cadillac deal. The av- time. Reversing this decline and re- We recognize that this was dangerous erage monthly benefit for these mine building this trust will require getting work, but we believed it was essential workers is about $586, about $7,000 per back to the essential ingredients in the to our economic growth and the na- year for their retirement. Now, that Justice Department’s mission and its tional security of our country, and be- doesn’t sound like much, and let’s be mission statement. cause of that belief, we promised that honest, it isn’t much, but for thousands Senator SESSIONS will bring more if these men would go down into the and thousands of retired miners and hands-on experience to the leadership mines, our country would make sure their families, Social Security and of the Justice Department than any of they have some protection in case of these $586 payments are all they have the 83 men and women who have occu- injury, disability, or death. We prom- to show for a lifetime of going into pied the post of Attorney General. He ised that after a lifetime of back- those mines. We cannot back out on was a Federal prosecutor for 18 years, breaking work, they would have a dig- our promises. 12 of them as U.S. attorney. He has also nified and secure retirement. And we There is bipartisan legislation writ- served on the Senate Judiciary Com- promised that if the worst happened, ten and ready to go to fix this problem. mittee since he was first elected two that their wives, their widows, and It would not add a dime to the deficit. decades ago. In other words, he has their families would still be provided We could pass it right now, today. The been directly involved in both the de- for. Senators who serve here come from velopment and implementation of When the American Government every corner of the country. We don’t criminal justice policy, a combination made this deal with the United Mine agree on everything, and I certainly unmatched by any Attorney General Workers of America 70 years ago, coal don’t agree on every issue with Senator since the office was created in 1789. His generated more than 50 percent of our MANCHIN or Senator CAPITO, but I don’t service in this body and on the com- power. Today, coal generates only understand how anyone can disagree mittee of jurisdiction over the Depart- about 30 percent of our power. Coal with this. ment is especially important because a prices have plummeted and other A lot has changed in 70 years, but the respectful and productive working rela- sources of energy, like natural gas, fact that America makes good on its tionship with Congress has never been have become cheaper and more preva- promises to American workers is one more important. lent. thing that should never change—and No one knows more what the Office Automation has also transformed we should not leave here until this of Attorney General requires than this industry, and there are critical en- Congress makes good on America’s 70- those who have actually served in that vironmental reasons to transition, but year-old promise to our miners. office. I have a letter signed by 10 make no mistake, these changes have Mr. President, I yield the floor. former Attorneys General and Deputy drastically altered the coal industry The PRESIDING OFFICER. The Sen- Attorneys General who have served and have left thousands of coal miners ator from Utah. over the past three decades. I ask out of work. Every month there are ATTORNEY GENERAL NOMINATION unanimous consent that this letter be more reports of coal companies filing Mr. HATCH. Mr. President, before printed in the RECORD following my re- for bankruptcy, and the layoffs are the 114th Congress adjourns, I want to marks. never far behind. More than 25,000 min- take a moment to put on the record my Some of these officials knew and ers have lost their jobs in the last 5 strong support for the nomination of worked with Senator SESSIONS when he years alone. our distinguished colleague, Senator was U.S. attorney, others since he As a country, we all benefited from JEFF SESSIONS of Alabama, to be the joined us in the Senate. They all share the decades of work put in by coal min- next Attorney General of the United the same conclusion: ‘‘All of us know ers. Every Member of Congress and ev- States. him as a person of honesty and integ- erybody we represent back home, we Thomas Jefferson once wrote, ‘‘The rity, who has held himself to the high- benefited from the work of the coal most sacred of the duties of a govern- est ethical standards throughout his

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.061 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6971 career, and is guided always by a deep Such a cynical, dishonest campaign. It I have a strong knowledge of his and abiding sense of duty to this na- is not about the truth or fairly evalu- background. I have a strong feeling tion and its founding charter.’’ I think ating the President-elect’s nominee to about JEFF as a person. I believe he that is really true, and these 10 former be Attorney General. And it is des- will be a great Attorney General, and I leaders have said so. I ask my col- picable, and it is beneath the dignity of hope our colleagues on both sides of leagues on both sides of the aisle us here in the U.S. Senate. the aisle treat him with respect as he whether there is a better description of To be honest, these tactics are really goes through this nomination process. the kind of person we want in public of- not about Senator SESSIONS at all but If we do, we will be able to walk out of fice, generally, and leading the Justice about the power of those who are using here at least with some sense of pride Department, in particular. these tactics. They have to mark their that we did what was right. Let me say a word about Senator territory, flex their muscle, and show I think you will find, as JEFF serves— SESSIONS’ work on the Judiciary Com- that they are still a force to be reck- and he is going to serve—as he serves mittee. I worked with him in that ca- oned with. If such things as fairness, in the Justice Department, he will do a pacity for 20 years, including when he integrity, truth, and decency have to very good job, and it will be a job done served as the ranking member. We have be sacrificed in that power struggle, so for everybody in America and not just worked together on dozens of bills to be it, I guess. Republicans and not just for the new improve forensic science services for I hope my colleagues will not only re- administration that is coming in, but law enforcement, to promote commu- sist these tactics but that they will for everybody. That is what I think you nity policing, help child abuse victims, join me in exposing and rejecting will find from JEFF SESSIONS. He is a and prevent gun crimes. He is a serious them. They degrade the Senate, they tough guy. He has the ability to stand legislator who knows that prosecutors mislead our fellow citizens, and they up. He has the ability do what is right, and law enforcement need common- corrode our democracy. Let’s stay fo- and he will do it. I have great con- sense workable policies from law- cused on our role here, which is to fidence in JEFF. makers to help keep communities safe evaluate whether the President-elect’s There being no objection, the mate- and protect the rights of all Ameri- nominee is qualified. We know that he rial was ordered to be printed in the cans. is. We know that he is superbly quali- RECORD, as follows: fied and that he will be a strong and I also received a letter from a bipar- DECEMBER 5, 2016. principled leader for the Justice De- tisan group of eight men and women Hon. CHARLES E. GRASSLEY, who have served as Director of Na- partment. U.S. Senate Committee on the Judiciary, Dirk- In closing, I want to quote from that tional Drug Control Policy or as Ad- sen Senate Office Building, Washington, letter by bipartisan drug policy offi- ministrator of the Drug Enforcement DC. cials. They say this about Senator SES- Hon. DIANNE G. FEINSTEIN, Administration. I ask unanimous con- SIONS: U.S. Senate Committee on the Judiciary, Dirk- sent that this letter appear in the His prudent and responsible approach is ex- sen Senate Office Building, Washington, RECORD following leader remarks. actly what the Department of Justice needs DC. Here is what they say: to enforce the law, restore confidence in the DEAR CHAIRMAN GRASSLEY AND RANKING His distinguished career as a prosecutor United States’ justice system, and keep the MEMBER FEINSTEIN: The signers of this letter . . . earned him a reputation as a tough, de- American people safe. We support the nomi- served in the Department of Justice in the termined professional who has been dedi- nation of Senator Sessions to be Attorney positions listed next to their names and, in cated to the appropriate enforcement of the General of the United States, and we ask you connection with that service, came to know rule of law. His exemplary record of service to do the same. Senator Jeff Sessions through his oversight in law enforcement demonstrates that he is of the Department as a member of the Judi- I could not have said it better. ciary Committee or in his work as U.S. At- the protector of civil rights and defender of I have known JEFF for 20 years now, crime victims. torney for the Southern District of Alabama. every year he served here, and I knew All of us worked with him; several of us tes- Again, I ask my colleagues whether him before then. I remember the des- tified before him during his service on your there is a better description of the kind picable way he was treated many years Committee. All of us know him as a person of leader America needs at the Justice ago as a nominee. I don’t want to see of honesty and integrity, who has held him- Department. I ask my colleagues on that repeated, and I personally will self to the highest ethical standards both sides of the aisle, Who would have hold accountable anybody who tries to throughout his career, and is guided always a better informed, more comprehensive repeat it. by a deep and abiding sense of duty to this knowledge of Senator SESSIONS’ fitness nation and its founding charter. JEFF SESSIONS is a wonderful man. Based on our collective and extensive expe- to be Attorney General? He is a good person. Even though any rience, we also know him to be a person of Before I conclude, I want to address one of us here may have some disagree- unwavering dedication to the mission of the what is already shaping up to be an ments from time to time with policy— Department—to assure that our country is ugly propaganda offensive against this we do with each other—that doesn’t governed by the fair and even-handed rule of fine nominee—this fine person—whom I denigrate and shouldn’t denigrate him law. For example, Senator Sessions has been know very well and have served with as a decent, honorable man who de- intimately involved in assuring that even as virtually every day for the last 20 serves to be Attorney General of the the Department combats the scourge of ille- years. gal drugs, the penalties imposed on defend- United States. ants do not unfairly impact minority com- I have served in this body under both I am very proud of Donald Trump munities. He has worked diligently to em- Republican and Democratic Presidents, doing this, giving this really fine man power the Department to do its part in de- under both Republican and Democratic an opportunity to serve, and I believe fending the nation against those intent on Senate leadership. I have actively par- he will straighten out the Department destroying our way of life, adhering through- ticipated in the confirmation process of Justice to be the Department that it out to bedrock legal principles and common for 12 Attorneys General, in both par- should be, that we all want it to be. I sense. ties, and have seen before the tactics think it will elevate the Department of Senator Sessions’ career as a federal pros- that are already being used in a vain Justice in ways that it hasn’t been in ecutor also has provided him with the necessary institutional knowledge, expertise, attempt to undermine this nomination. many of the years I have been in the and deep familiarity with the issues that The critics do not challenge Senator U.S. Senate. That is not to denigrate confront the Department, insofar as it is an SESSIONS’ qualifications. They can’t. everybody who has served in the De- army in the field. As the United States At- Instead, they traffic in rumor, innu- partment of Justice. But let’s face it— torney for the Southern District of Alabama, endo, and—I hate to say it—smear tac- it has been used politically by both Senator Sessions worked hard to protect vul- tics. They take a comment here, a deci- parties at times for no good reason. I nerable victims, particularly children. He sion there from years or even decades will tell you this: JEFF SESSIONS will carried this commitment to the Senate, in the past and use their media allies make sure that will not be the case, where he championed legislation to provide the Department with the tools it needs to to transform these bits and pieces into and that will be a pleasant change from fight online child pornography, to close what appear to be full-fledged stories— what we have had in the past in some rogue internet pharmacies that have contrib- and they are not. They are counting on administrations, Republican and uted to the opioid epidemic, and to end sex- people not knowing the whole story. Democratic. ual assault in prison.

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.063 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6972 CONGRESSIONAL RECORD — SENATE December 9, 2016 Senator Sessions’ career, both as a United Justice needs to enforce the law, restore con- bills, all of them bipartisan. These in- States Attorney and as a Senator, well pre- fidence in the United States’ justice system, clude priorities throughout the com- pares him for the role of Attorney General. and keep the American people safe. We sup- mittee’s jurisdiction. That is remark- In sum, Senator Sessions is superbly quali- port the nomination of Senator Sessions to able. These weren’t itty-bitty bills; fied by temperament, intellect, and experi- be Attorney General of the United States, ence, to serve as this nation’s chief law en- and we ask you to do the same. they were very important bills. That is forcement officer. We urge his swift con- Respectfully, remarkable. Honestly, I wish I could firmation. William J. Bennett, Director of National take credit for it, but the success we Sincerely, Drug Control Policy, March 1989–De- have enjoyed has been due to the work John D. Ashcroft, Attorney General, cember 1990; of every Senator on our committee. To 2001–2005; Robert Martinez, Director of National a member, they have all been com- Alberto R. Gonzales, Attorney General, Drug Control Policy, March 1991–Janu- mitted to working on a bipartisan basis 2005–2007; ary 1993; to move ideas forward and produce re- Michael B. Mukasey, Attorney General, John P. Walters, Director of National 2007–2009; Drug Control Policy, December 2001– sults. We haven’t agreed on everything, Mark R. Filip, Deputy Attorney General, January 2009; that is for sure, but we found enough 2008–2009; Peter B. Bensinger, Administrator, Drug common ground that the desire to Paul J. McNulty, Deputy Attorney Gen- Enforcement Administration, February work together has remained strong eral, 2006–2007; 1976–July 1981; through this Congress. Larry D. Thompson, Deputy Attorney John C. Lawn, Administrator, Drug En- I want to thank the members of our General, 2001–2003; forcement Administration, July 1985– Finance Committee for their efforts William P. Barr, Attorney General, 1991– March 1990; this year. They have all been exem- 1993, Deputy Attorney General, 1990– Robert C. Bonner, Administrator, Drug 1991; Enforcement Administration, August plary colleagues to work with. Even Edwin Meese, III, Attorney General, 1985– 1990–October 1993; when we disagreed, we have had good 1988; Karen Tandy, Administrator, Drug En- discussions. Craig S. Morford, Deputy Attorney Gen- forcement Administration, July 2003– Today, I want to particularly thank eral, 2007–2008 (Acting); November 2007; Senator COATS, who is, as we know, re- George J. Terwilliger III, Deputy Attor- Michele Leonhart, Administrator, Drug tiring at the end of this Congress. We ney General, 1991–1993. Enforcement Administration, Decem- will miss the senior Senator from Indi- ber 2010–May 2015. ana’s stalwart presence on the Finance DECEMBER 5, 2016. 114TH CONGRESS Committee and in the Senate as a Hon. MITCH MCCONNELL, Mr. HATCH. Mr. President, as we ap- whole. I wish him the best of luck. Majority Leader, U.S. Senate, Washington, DC. proach the end of the 114th Congress, Hon. CHUCK SCHUMER, I want to take a moment to delve Minority Leader, 115th Congress, U.S. Senate, many here in the Senate have been deeper into the substance of our com- Washington, DC. taking the time to reflect on what we mittee’s work. Let me give the high- Hon. CHUCK GRASSLEY, have been able to accomplish and, lights or else we will be here all day. Chairman, Committee on the Judiciary, U.S. more importantly, plan for what we Early on in the 114th Congress, the Senate, Washington, DC. hope to be able to accomplish in the Senate and the House passed legisla- Hon. PATRICK LEAHY, near future. tion produced in the Finance Com- Ranking Member, Committee on the Judiciary, This was a tumultuous 2 years for mittee to repeal and replace the bro- U.S. Senate, Washington, DC. our country, punctuated by a fierce Re Nomination of Senator Jeff Sessions to be ken Medicare sustainable growth rate, Attorney General of the United States. and unpredictable political campaign or SGR, formula, putting an end to the and results that were, to some, beyond ritual of cobbling together the SGR DEAR LEADER MCCONNELL, SENATOR SCHU- surprising. MER, CHAIRMAN GRASSLEY, AND RANKING patches at the last minute behind MEMBER LEAHY: As you prepare for the up- Before the start of the 114th Con- closed doors. This bill was one of the coming Congress and for the impending gress, the Senate had for years been most significant bipartisan reforms en- nominations of President-elect Trump’s Cab- languishing in partisan gridlock. Very acted in the history of the Medicare inet members, we write to express our strong little got done around here, and far too Program. support for the nomination of Senator Jeff often, we spent our time fighting out We made once-in-a-generation ad- Sessions to be Attorney General of the the political sound bites of the day and vancements in U.S. trade policy by re- United States. Senator Sessions’ exemplary voting on whatever partisan issue hap- newing and updating trade promotion record during his long career in public service speaks to the leadership and sober dedi- pened to be grabbing headlines. authority, reauthorizing vital trade cation he would bring to the Department of While some of my friends on the preferences programs, and modernizing Justice. other side of the aisle have attempted our trade enforcement and customs As former government officials involved in to argue otherwise, the Senate has laws. All of these are important strides the development and administration of the been remarkably productive during the in the ongoing effort to promote U.S. United States’ drug policies, we understand 114th Congress. And that goes far be- leadership in the world marketplace in the importance of a Department of Justice yond just a list of bills we have been order to benefit our workers, our farm- that is committed to the just and fair en- available to pass. The Senate has ers, our ranchers, and inventors, just to forcement of the laws that Congress has changed in ways that numbers really written. In this respect, Senator Sessions mention a few. would make an excellent Attorney General. can’t quantify. For example, commit- We acted decisively to prevent ben- His distinguished career as a prosecutor, in- tees in the Senate have functioned efit cuts in Social Security disability cluding as the Reagan-appointed U.S. Attor- more effectively than in the past. The insurance and put into place the most ney for the Southern District of Alabama debates on the Senate floor have been significant improvements to the Social and as Attorney General of Alabama, earned fuller and fairer than they were before. Security system since the 1980s. him a reputation as a tough, determined pro- And, of course, the focus has returned We came up with enough offsets to fessional who has been dedicated to the ap- to actually governing rather than sim- extend the life of the highway trust propriate enforcement of the rule of law. His ply adding more noise to the political exemplary record of service in law enforce- fund for 5 years, something nobody ment demonstrates that he is a protector of echo chamber. thought we could do. That is the long- civil rights and defender of crime victims. Most astonishingly, given the tone of est such extension in nearly two dec- Senator Sessions brought that same dedi- the country’s overall political dis- ades. This was accomplished despite cation to his service in the Senate. As an ex- course, most of the Senate’s accom- the cries of naysayers who said it ample of his fair-minded approach to tough plishments have been bipartisan. As I couldn’t be done without a massive tax law enforcement, he, together with Senator have noted on a number of occasions, increase. We did not increase taxes. Durbin, passed the bipartisan Fair Sen- the Senate Finance Committee, which We also made serious strides to ad- tencing Act, which increased fairness in sen- I have been privileged to chair for the vance a number of the committee’s tencing by reducing the disparity in crack cocaine and powder cocaine sentences, while past 2 years, has, to a historic degree, long-term improvements, including im- also strengthening penalties for serious drug been able to ride this new wave of bi- provements to Medicare benefits for traffickers. His prudent and responsible ap- partisan productivity. In this Congress, patients dealing with chronic illnesses, proach is exactly what the Department of our committee has reported 41 separate overdue reforms to our Nation’s foster

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.016 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6973 care system, a series of measures to rate, no less—and again when the earn- clear that my staff and I are prepared protect taxpayers from the ever-in- ings are distributed to shareholders. to address these kinds of concerns creasing threat of identity theft and My proposal has been to eliminate one when this takes legislative form. tax refund fraud, and legislation to level of taxation on these distributed I suppose that for most of the people help more Americans save adequately earnings and require only a share- who have been monitoring our efforts for retirement. holder-level tax on dividends, which is on corporate integration, their biggest Not all of these measures have yet similar to the way debt is treated. question is about timing: When will we been signed into law, but in every case Forms of this proposal have been put try to move this for? After any big we have been able to move the ball sig- forward by Treasury Departments and election campaign, particularly after nificantly forward. congressional tax writers from both the one that was as unpredictable as In addition, we continued the Fi- parties in the past. the one we saw in 2016—although I nance Committee’s long tradition of In addition to a dividends-paid deduc- thought it was predictable, but most conducting robust and exhaustive over- tion, in order to bring more balance to people didn’t—it is important to ac- sight. Our bipartisan report on the IRS the system and eliminate even more knowledge the realities on the ground. targeting scandal, which we released distortions, I have looked for ways to I remain very interested in the con- last year, was a great example. equalize the tax treatment of debt and cept of corporate integration and con- In addition, the committee’s work to equity under our system. Those moni- tinue to believe it would have a posi- shine a light on the inept implementa- toring the tax world undoubtedly know tive impact on our tax system and our tion of ObamaCare was second to none. that I have spent quite a long time economy overall. Let’s be honest, after And, of course, we made real progress working on this proposal, including a this election, the ground has shifted, in the ongoing effort to reform our Na- number of months going over the num- and while we don’t know how every- tion’s Tax Code. bers with the Joint Committee on Tax- thing will play out in the coming I would like to talk about tax reform ation. At this point, I can say that the months, it is safe to assume that the in a little more detail because that has feedback I have received from JCT on tax reform discussion is shifting as been the focus of so much of our efforts this matter has been very positive. For well. Right now, we are seeing more in this Congress, and that is not likely example, in its preliminary assess- momentum for comprehensive tax reform—that is reform that deals with to change when we gavel in the 115th ments, JCT indicated that the proposal both the individual and business tax Congress. would increase economic growth and systems—than we have seen in a gen- Among other things, the members of activity relevant to current law. They eration or more. If we are going to do the Finance Committee produced a found that it would increase wages for right by our economy and the Amer- number of bipartisan reports outlining U.S. workers through increased produc- ican people, we need to think in those the key challenges we face with our tivity. Their analysis also showed that comprehensive terms. At the very Tax Code after working together in the the proposal would increase capital in- least, I think it is fair to say that with tax reform working groups we estab- vestment and reduce effective tax rates the changing circumstances, the as- lished last year. Also, the Finance for American businesses. Interestingly, sumptions and parameters that have, Committee, working with our leader- JCT also found that the proposal would for some time now, governed the tax ship here in the Senate and our col- alleviate some of the pressures that reform debate will have to be modified, leagues in the House, drafted and fa- drive corporate inversions and help if not thrown out entirely. cilitated passage of a massive tax bill prevent erosion of the U.S. tax base I believe corporate integration can that made permanent a number of oft- overall. It sounds pretty good, and it is and should be part of the comprehen- expiring tax provisions, providing real true. sive tax reform discussion that appears certainty to businesses and job cre- These concerns—economic growth, to be on the horizon, but given the cur- ators and setting the stage for even wages, and U.S. companies moving off- rent reality, any substantive tax re- more significant reforms in the future. shore or being acquired by foreign com- form proposal will need to be consid- That bill also delayed a number of panies—have a real-world impact on ered and evaluated in the context of ObamaCare’s burdensome health care American workers and employers, and what has quickly become a much taxes. they were at the heart of this year’s broader discussion. Let me be clear: I In addition, I have spent much of the campaign debates. Thus far, the feed- am not walking away from the idea of 114th Congress hard at work developing back we have received shows that a corporate integration. On the contrary. a tax reform proposal to better inte- dividends-paid deduction, combined I am excited to see how the debate over grate the corporate and individual tax with equalized tax treatment for debt comprehensive tax reform plays out in systems. Under current law, the United and equity, would help address these the near future and where this concept States not only has the highest cor- concerns. And according to JCT, all of might fit in that broader discussion. porate tax rate in the industrialized this could be done without adding to Going forward, we have a real oppor- world, we also subject many of our the deficit or shifting more of the over- tunity to make significant, perhaps businesses and the individuals who in- all tax burden from those with higher even fundamental, changes to our en- vest in them to multiple levels of tax incomes to middle and lower income tire tax system in order to encourage on what are essentially the same earn- taxpayers. growth, create more jobs, and improve ings. This system results in a number I know the DC tax community has the lives of individuals and families of inequities and economic distortions, been speculating on this matter for a around our country. As the chairman including undue burdens on U.S. work- while now, and I can attest today that of the Senate’s tax-writing committee, ers and incentives for businesses to fi- the idea of better integrating the cor- I am very excited for this opportunity, nance their operations with debt in- porate and individual tax systems and I am committed to doing all I can stead of equity. through a dividends-paid deduction to make sure we succeed in this en- These problems have troubled policy- wouldn’t just work but could actually deavor and that we do it in a bipartisan makers for years, particularly recently work very well. Once again, the num- way. We are working right now, today, as the combined effects of these mis- bers we have seen thus far have been in a bipartisan way to try and resolve guided policies have resulted in waves quite favorable. some of these problems. I have been of corporate inversions and foreign I will note that we have heard some meeting with every member of our takeovers of U.S. companies. concerns from those in the charitable committee, Democrats and Repub- This is a serious set of problems. My and nonprofit community as well as re- licans, to see how we can work better idea to address this problem was rel- tirement security and stakeholders re- together. atively simple: Allow corporations to garding the potential impact of equal- This discussion about comprehensive deduct from their taxable earnings any izing the treatment of debt and equity. tax reform promises to be one of the dividend they distribute to share- I think my history in the Senate has big-ticket items in the coming Con- holders. Currently, our system taxes a demonstrated pretty clearly my com- gress, and I am excited to be a part of business’s earnings once at the commitment to both charitable giving and it. In addition to tax reform, the Sen- pany level—at an astronomically high retirement security. I want to make ate and Senate Finance Committee

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.065 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6974 CONGRESSIONAL RECORD — SENATE December 9, 2016 will have a number of other tasks to Christmas. I remind all of my col- will make you pay for it with your own perform in the early days of the 115th leagues that we have basically missed money. We will make you pay for it Congress. For example, early on, I ex- 100 working days this year. Do you with money that has been set aside pect that we will finally be able to re- think we have been overworked? I through bankruptcy courts to give repeal ObamaCare and begin a serious don’t think so, but I guess my House tirement to miners who worked for process of replacing it with reforms Members did because they had to go companies that declared bankruptcy, that are more worthy of the American home. They never even gave us the went through the bankruptcy court, people. We also need to take a serious courtesy of giving us a 3-day extension. had money set aside so they would at look at our broken retirement pro- We can work through these problems. least have health care for a while. The grams like Medicare, Medicaid, and So- We have said that, but that is not even people we are talking about were sup- cial Security. I am sure that simply be- there. I guess they think they want to posed to have health care until July. cause I am the Republican who just jam us. Guess what. Because of what we are happened to mention the name of those We are here fighting for the United doing, they lose 3 months. Now, grant programs out loud, I will be scorned Mine Workers pension, people who have you, we have people—16,000—who have and labeled a ‘‘privatizer’’ in certain given this country everything they health care until December who get 4 policy and advocacy corners after this had. These are people who said: I will months, if you consider that a victory, speech. However, reductive labels go down there and get the energy you but how about the couple thousand who aside, no one seriously disputes the need to win the war and the energy you were supposed to have it until July are fact that these programs are in fiscal need to build this country. I have the only going to have it now until April? trouble. We need to work toward find- industrial might—the middle class. We What do you tell them? I am sorry. We ing solutions, and they need to be bi- will build it. We are the middle class. fought like the dickens for you, but partisan solutions. That is who they are. That is all they you lost 3 months. Where I come from I have put forward a number of po- said. We made commitments to them. that doesn’t fly. I can’t explain that. I tential solutions to help address the For the first 50 years after they ener- really can’t. coming entitlement crisis. I hope pol- gized this country and won two world I am encouraged, to a certain extent. icymakers in Congress, the incoming wars, they got nothing. My grandfather My friend the majority leader, MITCH administration, and elsewhere will was one of them. They got nothing—no MCCONNELL from Kentucky, said he take a look at my ideas. I think they pension, no health care. They got noth- was confident the retirees would not will find they are ideas that will help ing. lose benefits next year, including more this country out of the problems and In 1946, they finally got something. than 3,000 in his home State of Ken- the mess it is in. We have been fighting ever since then tucky. I think it is highly unlikely we On top of tax and health care, we just to keep it, and now all of a sudden will take that away, he said. It has need to consider the future of U.S. it is going to evaporate and nobody been my intention that the miner bene- trade policy. While this was a matter will say a word because we have to go fits not expire at the end of April next of some fierce discussion during the home for Christmas. We have to go year. I believe him. And he pledged: I campaign, I remain committed to home for vacation. am going to work with my colleagues doing all I can to ensure that the Well, we have been working, fighting, to prevent that. United States continues to lead the and really clawing for this. We have it. I am ready to go to work. I am not world in trade, including the establish- If it came to the floor, it would pass, sure if my colleagues on the other ment of high-standard free-trade agree- and we know that, but we have some side—435 in the House—are as comments. friends on the other side—435 over mitted. I appreciate the majority lead- All of these matters, and many oth- there—who, for some reason, didn’t beer making this commitment. I do ap- ers as well, fall within the jurisdiction lieve it was of urgency. They said, we preciate that very much. Unfortu- of the Senate Finance Committee. For- are going to give you a 4-month exten- nately, it is not enough because I don’t tunately, I am joined on the committee sion on the health care benefits that have the commitment from the other with a host of capable U.S. Senators 16,000 miners lose December 31. We will side, and I am going to fight for that. from both parties. It is a great com- give you 4 months, and I guess we are For that reason and many more, I am mittee with great members, and I feel supposed to be happy with that. Well, I going to be unable to vote for cloture, very privileged to be able to lead that am not. I am sorry, but I am not. and I encourage my colleagues not to committee. We fought for the Miners Protection vote for cloture on this CR. Over the past 2 years, we have dem- With that, I yield the floor to my Act. We went through the regular order onstrated that by working together, we friend from Ohio, Senator BROWN. and we got an 18-to-8 vote out of the can overcome some pretty long odds The PRESIDING OFFICER. The Sen- and accomplish a number of difficult Finance Committee at the Senate, and ator from Ohio is recognized. tasks. I hope that continues this next we thought we would be right here hav- Mr. BROWN. Mr. President, I thank year. I am going to do all I can to ing that vote and showing the people Senator MANCHIN, Senator WARNER, make sure it does. we support them and that hopefully and Senator CASEY, who all represent a With that, I yield the floor. the House would take it up, but that lot of these mine workers. Some of The PRESIDING OFFICER. The Sen- never happened. them are in the Gallery. We attended a ator from West Virginia. Where we stand today, right now, is, rally with some of them the other MINE WORKER HEALTH CARE BENEFITS AND we are asking what is our pathway for- night. Some of them we see in Zanes- PENSIONS ward. Well, we have been working and ville, Cambridge, Southwest Pennsyl- Mr. MANCHIN. Mr. President, I rise talking, as you are supposed to. We vania, and Southwest Virginia. and stand here today fighting for the tried to basically negotiate, we tried to I thank Senator MCCASKILL for her working men and women each one of find compromise, and we tried to find a work on this. us—whether Democrat or Republican, pathway forward. It has been hard for Let’s point out, again, to our col- whether you belong to a 100–Member me to see a pathway forward right now. leagues what happened here. Early this Senate or a 435–Member House—use in I am going to have to oppose this CR year, the Senate majority leader, the our commercials. Every one of us goes and oppose, not only the cloture but Republican leader from Kentucky, said: out and basically tries to attract work- the passage of the CR for many rea- Before we do this, you have to come up ing men and women to vote for us be- sons, and I will give you one example with a bipartisan bill. We came up with cause we say: We are coming here to that probably galls me more than any- a bipartisan bill. We did exactly what fight for you. We are going to stand up thing else that we have done here or he wanted. We had Senator CAPITO, for you. No one is going to walk over over in the House. My Republican col- Senator PORTMAN, Senator TOOMEY, you, push you aside, or forget about leagues didn’t even know about it. It is and a lot of support on both sides, even you. Every one of us has done those not from this side. It came from that people who didn’t sponsor it. That ads. side, and what they did was say, not wasn’t enough. Our 435 House Members had to go only are we going to add insult to in- Then he moved the goalposts and home yesterday because it was time for jury and only give you 4 months, we said: You have to come up with the bill

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.067 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6975 through regular order. We went resolutions. There was one honoring Vietnam returning veteran. We have through regular order in the Finance Pearl Harbor victims. Senator MANCHIN done everything our country has asked Committee. Senator WARNER, Senator and I were on the floor. We were object- of us, and now you will not even recog- CASEY, and I in the Finance Committee ing to all this. Of course, I have been nize us. You don’t even understand called Cecil Roberts, the head of the on the Veterans’ Affairs Committee for what we have done. mine workers, people like Norm Skin- a decade, and so has Senator MANCHIN. Well, that is what we are doing. That ner from Ohio, Dave Urtest, Dave Of course we are not objecting to hon- is what we are fighting for. Dilly, and others came and talked to oring Pearl Harbor victims any more At this time I would like to recognize us. We had testimony. It was brought than we are objecting to one of the my good friend from Pennsylvania, to a vote and it passed on a bipartisan other resolutions that said we feel bad Senator BOB CASEY, who comes from vote, 18 to 8. Every Democrat voted for about the people who died in Oakland the tremendous State of Pennsylvania, it and a handful of Republicans voted in that fire; of course we do. But what which has provided an awful lot of en- for it. We did that, and then the Repub- we were doing and what we will con- ergy for many years. Senator CASEY. The PRESIDING OFFICER. The Sen- lican leader moved the goalposts again tinue to do is fight for those mine ator from Pennsylvania. and said: That is not good enough. You workers, both the retirees and the wid- have to do something more. You have Mr. CASEY. Mr. President, I want to ows. thank my colleague from West Vir- to find a way to pay for it. We found a Next year that is what we are going way to pay for it with money out of the ginia for his leadership on this issue, to do. We will get a good vote today in going back not just days and weeks but abandoned mine fund to pay for this. opposition to this because Democrats— This legislation would have perma- months and even years. I think we people on this side—and a handful of should start with the word ‘‘promise’’ nently taken care of much pensions more courageous Republicans will vote and health care. It would have meant tonight. We have a matter that came no on the continuing resolution. That before the Senate that Senator BROWN that mine workers don’t have to take should send a message to Senator valuable time and spend money and indicated was the subject of a bipar- MCCONNELL on how important it is tisan consensus that went all the way come to Washington and lobbyists to that come January we vote, not on an- talk to us, educate us, and do what through the Finance Committee, a vote other 4-months and another 4-months, of 18 to 8 earlier this year. The ques- they do so well in telling their stories. not even voting for a year, but we vote It would have solved that, but now tion before the Senate today and the for a permanent fix on pensions and a question before the Senate in 2017 will week after week after week has passed. permanent fix on health care that is Before the election, people were talk- continue to be: Will the Senate—and I paid for out of the Abandoned Mine ing a good game, now they are not would add will the House of Represent- Reclamation Fund. That needs to be talking such a good game, except for atives—keep our promise to these coal what we do the first of the year. my colleagues with me on the floor miners and their families? It is really This place is not going to operate not more complicated than that. We today fighting for them. very well if the leadership in this body So what happens now? The majority have to ask ourselves whether we are does not stand up and give us a vote on leader in the Senate is pointing fingers going to fulfill our promise. a bill that protects mine worker retir- Just to give you a sense of what this down this hall, blaming the Speaker of ees, that protects pensioners and means to individuals, I have three let- the House, and the Speaker of the ters in my hand. We have all gotten House back there is pointing fingers at health care, that says that we are hundreds of them, if not more, maybe the majority leader saying: Well, I going to fix this permanently. They thousands at this point. But I have want to do a year. No, I want to do a should not have to come here month three letters from three different coun- year. after month after month to lobby us. ties from which I will read excerpts. Well, the fact is, neither of them has This is something we should do. It has been an obligation since Harry The first one is from Johnstown, offered anything. They could bring this Cambria County, with a great history bill up to pass out of the Finance Com- Truman. Senator MCCASKILL is always talking about Harry. Harry Truman in of coal mining but also a great history mittee. Senator MCCONNELL tonight of a diverse economy. This individual could bring this to the Senate floor. We the 1940s, seven decades ago, made this pledge, made this promise. We all want wrote—actually two; it is a husband could pass it. We would get how many and wife writing to me—saying: ‘‘We votes: 75, 80 votes? We would get at to live up to the promise. Presidents of both parties, Members of Congress in are in our late 70s and desperately need least 70, probably 75 or 80. We would our pension and hospitalization.’’ get every single Democrat, and we both parties were living up to that promise decade after decade. Now they Cambria County, PA, alone has 2,483 would get probably close to half of the pensioners. Just that one county has Republicans. They will not do that. don’t want to live up to it. It is important that we enforce that that many pensioners who happen to be They are too busy pointing fingers families who had a loved one working back and forth. come January. I am voting no. I want to send that message. This is just too in the coal mines. This is one of those So I am going to vote no on the con- families who wrote to me. If you look important to back down from. tinuing resolution because I just don’t at the health care issue and you look think that this is the deal we should The PRESIDING OFFICER. The Sen- ator from West Virginia. at it county by county, sometimes the get. This 4-month deal where the ma- numbers are lower, but it is in the hun- jority leader said he is helping the min- Mr. MANCHIN. Mr. President, at this time, to put things in perspective, be- dreds and hundreds in many counties. ers with a 4-month deal—it means that The next letter is from an individual cause a lot of people don’t really the retired miners and the widows who in Green County. She is writing about know—people say: Why do you even use got a notice in late October, early No- her husband, and she says: coal anymore? Why do we even need vember that their insurance would run My husband was only retired about 1 year out December 31—if we do this 4-month coal? Let me explain to the 300-plus when he found he had cancer. One of the re- deal, they are going to get another no- million people living in America today liefs that he had while battling cancer was tice in January or February saying it that if you are alive today, for most of knowing he had his pension and good health runs out again. your life, over 50 percent of your en- benefits. So it was one less worry. Particularly if you are sick, particu- ergy that has been given to you has Green County is a small county in larly if you have a sick husband, can been delivered to you because of coal. Pennsylvania, in the deep southwest you imagine that you are going to get So to put it in perspective, what 12 corner, right on the corner next to a notice every 3 or 4 months saying hours of the day do you not want elec- West Virginia and Ohio. In Green Coun- your insurance is going to run out? tricity? What 12 hours of the day do ty, there are 1,436 pensioners and many How do you deal with that? How do you you not want heat, air conditioning— depending upon the health care prom- make doctor visits? How do you make anything? ise that our government made. appointments? How do you do that? It We need to bring attention to the The third and final letter is from is just cruel and unusual punishment. people who have done the work. That is Westmoreland County, from an indi- Instead, the other night, we saw our all we have said. They are forgotten he- vidual talking about his time in the colleagues coming to the floor, offering roes. In West Virginia, we feel like a coal mines. He said:

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.068 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6976 CONGRESSIONAL RECORD — SENATE December 9, 2016 My 33 years in the mining industry are tes- focus on what these miners were prom- lutely relentless. He has not let this timony to the fact that I provided a needed ised and what this government has not issue die. For 18 months, he has gone service to my country and my family. done to meet that promise, then we are through every hoop that has been put Then, later in the letter, he goes on willing to go to that length and to that in front of him. It is getting through. to say: extent to vote no tonight because we The fact is, Senator MANCHIN today re- Now, thousands face an uncertain future. A have to keep a focus on this. introduced the Miners Protection Act. promise was made and a promise needs to be We are not going away, so for anyone In 1 day—in 1 day—he picked up 49 co- kept. who thinks that tonight is the end of a sponsors of this legislation. In Westmoreland County, PA, there chapter, we are just getting warmed We are going to have a vote later to- are 1,067 pensioners. Across our State, up. We are just getting warmed up on night. Let me be clear. I am going to just on health care, almost 1,400 Penn- this because this is a promise we must join in that protest. But as somebody sylvanians are affected by health care. keep. who has one heck of a lot of Federal Some of them have cancer. Some of These miners and their families kept employees, we are not going to shut them have a family where the husband their promise. The miners kept their down the government on this issue. We is dead and the wife has cancer. Some promise to their family that they should not even be thinking about face the kind of health care cir- would work and work in the depths and choices where we have to trade off Fed- cumstances that none of us can iden- the darkness of the coal mines, put eral workers and miners. That is not tify with because everyone who their lives at risk every single day. what we are sent here to do. But we are works—every Member of the Senate That is the first promise they made— going to make sure that this fight does and the House—we have health care. and that they would bring a home a not end tonight. The 49 who signed up We don’t have to worry about next paycheck so their family could eat today will be in the 50s and in the 60s week or next month or next year. every night and afford a mortgage. So when we come back. So the question becomes, as I said, they kept their promise to their fam- Let me just close. I know we have whether we are going to keep our ily. Many of them kept their promise other colleagues, and others have compromise to these coal miners. There is to their country. They fought in World mented. I went through these talking no excuse for putting in the continuing War II, they fought in Korea, they points at other times, but you have to resolution as pathetic a proposal as we fought in Vietnam and beyond, in hear the voices of people who are being got this year in this continuing resolu- every war we have had in the modern affected. I got a letter recently from tion, which basically says: You have era. So they kept their promise. Sharon. Sharon is from a coal miner’s health care for just 4 months, and you It is not too difficult for a Senator or family in Dickenson County, not too are supposed to be satisfied with that. for a House Member to keep their far from West Virginia and Kentucky. In fact, I think there was one Member promise. All they have got to do is put Sharon wrote: of the Senate who said, ‘‘They should their hand up and say aye. I agree with My father is a retired coal miner. For be satisfied with that’’. keeping the promise to these miners. It many years he worked at Clinchfield Coal They should not be satisfied; coal is about time that our government, in- Company’s Moss #2 mine. He gave them his miners and their families, retired coal cluding everyone here, kept our prom- time, sweat, hard work, and even his health. miners, nor should anyone here be sat- ise to these coal miners. In return, he expected nothing more than a isfied with that. Also at the same time, So we are doing something that paycheck and a little pension, and health the proposal—or I should say now the care when he retired. He was promised that. many of us have never done. We are He deserves that. policy in the continuing resolution— going to vote no on a resolution to- She went on to talk about the fact has no fix at all for pensions, so these night to make it very clear that we that her dad grew up in the Depression: counties, just three counties, that have don’t agree with what is in this con- thousands and thousands of pensioners tinuing resolution with regard to these He grew up in a time when you took care who earned that pension, who gave up of your things—and he believed that you miners, No. 1, and the other massage paid for what you got. He’s paid dearly for a lot to get that pension, who gave up we are sending is that we are coming his pension and his health care. Please don’t a lot to get those health benefits— back. We are going to come back week let that get taken from him. there is no fix in the CR, the con- after week, month after month, if not He’s also a man who takes care of his tinuing resolution, for the pension longer, to make sure that they get money. problem. their health care and they get their She said he was always tight with his We are supposed to be satisfied, and pensions. money: they are supposed be satisfied, I guess, So, this kind of solidarity, at least on He planned for years for his retirement. He according to the line of argument from this side of this aisle, will remain in- saved and budgeted so that he would have some on the other side—not all, but tact. It will remain fortified and strong enough with his pension to be able to sup- some who said they should be satisfied. going forward. port himself through the rest of his years Well, here is a news bulletin. We are I yield the floor. and not be a burden on anyone. not satisfied. These miners and their The PRESIDING OFFICER. The Sen- Sharon, her coal miner family, and families are not satisfied. We are not ator from West Virginia. countless thousands of other Ameri- going to stop fighting on this. We feel Mr. MANCHIN. Mr. President, as you cans are waiting for us to honor our so strongly about this issue that many can see, I am extremely proud. I can’t commitments. We are taking a step of us, including me, will vote no on clo- tell you how proud I am of my col- forward tonight. But echoing what ture on the CR, will vote no on the CR leagues. This is why we are here. We other Senators have said before, this itself because we feel that strongly. are standing for the people who work issue will not go away until these min- As the presiding officer knows, usu- every day to provide a better living for ers get their justice. ally when a continuing resolution themselves and to provide a better The PRESIDING OFFICER. The lead- comes before the Senate, it gets over- country for all of us to live in. er, the Senator from New York. whelming support. This is how out- With that, I am happy to be here Mr. SCHUMER. Senator MCCASKILL rageous this is for these families. So with my good friend, my colleague, and and my colleagues are waiting. you are going to see a number of people my dear friend from Virginia, Senator Mr. President, I ask unanimous con- on the floor here do something they MARK WARNER. sent that immediately after Senator probably have never done before. They The PRESIDING OFFICER. The Sen- MCCASKILL speaks, I be given 3 min- are going to register a protest in a very ator from Virginia. utes. direct and formal way, to say no to the Mr. WARNER. Mr. President, first of The PRESIDING OFFICER. Is there CR tonight. all, let me echo everything that Sen- objection? I know some people will be offended ator CASEY and Senator BROWN have Mr. MANCHIN. We have Senator by that. I understand why they might said. But the reason we are here, be- COONS, Senator MCCASKILL, Senator be across the country. But we have to yond the justness of our cause, is the SCHUMER, and I am going to say some- ask ourselves: If it is going to take a fact that the Senator from West Vir- thing, and we will be finished. no on this resolution to get people to ginia, Mr. MANCHIN, has been abso- Mr. SCHUMER. Is that OK?

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.070 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6977 Mr. President, I ask unanimous con- pensions of thousands of Missourians efforts of my friend and colleague from sent that after MCCASKILL, COONS; who drove trucks for a living. We are West Virginia. We were sworn in the after COONS, SCHUMER; and then talking about the people who take a same day, moments apart, and we were MANCHIN. It won’t take more than 10 to shower after work, not before work. sworn in by a man who held this seat 12 total minutes. This place is really good at taking care and this desk for 36 years. Born in The PRESIDING OFFICER. Is there of the people who take a shower before Scranton, PA, JOE BIDEN, our Vice objection? work. We are really good at that. President, served Delaware for 36 Without objection, it is so ordered. When they repeal the ACA, they are years. I know JOE and I know one of Mr. SCHUMER. I thank the indul- going to give a big old tax cut to the 1 the things he tirelessly fought for, and gence of my colleagues. percent again. We are going to do that. that was the working men and women The PRESIDING OFFICER. The Sen- We are going to throw 22 million off of of this country—just like my colleague ator from Missouri. health care. But boy oh boy, we are from Missouri, who speaks from the Mrs. MCCASKILL. Mr. President, let going to take care of the 1 percent, but desk long held by Harry Truman and in me make very clear that when we get we are not so good at taking care of whose honor she spoke about our keep- these benefits for these coal miners and the people who take a shower after ing our promises that date back to a their widows—when that happens, not work. law passed by this Congress and signed if but when—make sure no one mis- That bill allowed those truckdrivers into law by Harry Truman that prom- understands who is responsible for it. to have their pensions cut. I was the ised pensions and health care to 100,000 I want the coal miners in West Vir- only Member of the Missouri congres- coal miners. ginia to know one thing, there is only sional delegation to vote against it. By I too have to keep faith with my one person who will be responsible for the way, in the same bill, we gave a car predecessor in this seat, JOE BIDEN, and those coal miners getting their benefits and driver to a Member of Congress. our neighboring State to the north, and their promises being kept, and that Really? A car and a driver to a Member Pennsylvania; my great and good will be Senator JOE MANCHIN. It won’t of Congress and in the same bill we cut friend, JOE MANCHIN from West Vir- be President Donald Trump. It won’t be the Teamsters’ pensions. Now I hear ginia; HEIDI HEITKAMP of North Da- the minority leader or the majority the House Members had to go home. kota; and many others who have spo- leader. It won’t be any of us. There is I don’t know how many people who ken before me and simply say: I under- only one man who is responsible for shower after work get 3 weeks off for stand that large, complicated appro- these coal miners getting what they Christmas, but I am pretty sure there priations bills never include every item are due, and that is Senator JOE are none. I am pretty sure they are try- that every Member wants. I wanted a MANCHIN, who has fought. ing to figure out if they have to cover provision that would help a manufac- I am so sick of JOE MANCHIN talking a shift on Christmas. I am pretty sure turing company in my State, the 48 to me about the coal miners. You can’t they have to figure out how they can ITC provision. The investment tax see him in the hall when he doesn’t make ends meet so they can buy credit would help keep a company that grab you about the coal miners. He Christmas presents. But we have to get manufactures fuel cells in my State feels this in his heart. These are the out of here so we can have 3 weeks off alive and running. I heard an awful lot people he grew up with. These are the for Christmas—what nerve, doing that of talk in this campaign about saving people he knows and loves, and he is to these coal miners and taking 3 American manufacturing, about doing the one who is going to make this hap- weeks off for Christmas. the things we need to do to help work- pen. The other one I am fighting for to- On the way out the door, they did an- ing people and to help manufacturing. I night is a guy named Harry. Every other Christmas present. They made am as upset as my colleagues about the time I open my desk, I get goosebumps sure that the Russian oligarchs get to ‘‘Buy American’’ provision being taken because I look in my desk, and I see sell us steel. They took out the ‘‘Buy out of WRDA and our not keeping our the name Harry Truman scrawled in American’’ provision in the WRDA bill. word to buy American steel. But what all of us are here to stand my desk. I think the guy who just won the Presi- If you are a student of history and dency said we are going to buy Amer- for in common today is to keep our you know anything about Harry Tru- ican. Then what did the Republicans in promises to the coal miners and their man, you know that he was very the House do? They take out the ‘‘Buy widows, for whom the Senator from plainspoken. He got himself in a lot of American’’ provision less than a week West Virginia has fought so tirelessly. When told that is a provision that trouble with his mouth, but, boy, did after he said it on his victory tour in can’t be taken care of, that can’t be he believe in keeping his word. Cincinnati. When he was President of the United I just know this. I am proud to vote done, when they were sent back 30 States—Louie Roberts told me, a man no on the CR. Frankly, I am probably yards, they dropped back and said: from Willard, MO, who has been in the going to vote no on WRDA because of Fine, we will work on the Miners Pro- mines and is a third-generation coal what they did with ‘‘Buy American.’’ I tection Act. They held hearings. They miner and has been in the mines all of am sick of the games being played. We held a markup. They found an offset. his life: are going to fight. We are going to They moved through regular order, and they found bipartisan support. It got John L. Lewis and Harry Truman—Presi- fight until we get this done. We may dent of the United States of America signed not win this fight tonight, but I guar- out of the Finance Committee by 18 to an agreement guaranteeing lifetime medical antee you we are going to win it. As 8. benefits to UMWA miners. So Mr. & Mrs. Harry Truman would say—and I am Yet here we stand, likely on the very Senators & Congressmen would you please quoting; so I can’t get in trouble: last night of this Congress, with a keep your Promise. ‘‘Come hell or high water, we are going promised path being blocked and a 4- Would you please keep your promise. to get it done.’’ month extension, rather than a perma- Continuing: I yield the floor. nent solution—seemingly, the only op- We only ask that the Promise be kept that The PRESIDING OFFICER (Mr. tion before us—and 16,000 miners and was made in that 1948 agreement. GRASSLEY). The Senator from West their families would lose health care I am also fighting for the word of Virginia. this December 31 without a longer ex- Harry Truman. This debate reminds me Mr. MANCHIN. Mr. President, I know tension. Four months—that is all we of a fight we had in Congress a couple there is not a lot of coal mining in can do—4 months, when these good of years ago. Back then, Congress had Delaware, but we sure do have a lot of Senators worked so hard and so tire- approved a $1 trillion spending pack- friends in Delaware. lessly to find a bipartisan solution that age. Oh, man, the elves get busy I yield to my dear friend, Senator doesn’t take money out of the Federal around Christmastime. Omnibus pack- CHRIS COONS. checkbook, that has a proper path? age is code for ‘‘you have no idea what The PRESIDING OFFICER. The Sen- This is a sad day when we can’t keep is in it.’’ ator from Delaware. our promises to the widows of coal We looked and poked around in it, Mr. COONS. Mr. President, I rise in miners, to folks who did dirty, dan- and we found they were cutting the support and recognition of the tireless gerous, and difficult work for decades,

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.072 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6978 CONGRESSIONAL RECORD — SENATE December 9, 2016 to the people who built this country. I I hope some of my colleagues on the Finally, I want to call on President- think in some ways this is just a sym- other side of the aisle in the next elect Trump to support our proposal. bol of so many other ways we have month will be visited by these very The President-elect ran on a campaign failed to keep faith with those who miners. Look them in the eye, and tell with explicit, direct promises to coal have worked in this Nation for us. them you can’t help them? I bet you country, and he won coal country big; I have not ever voted against a CR. I can’t. I bet you can’t. that is for sure. He held big rallies with have always taken, I believe, the re- We are here to live up to a promise coal workers. He said he would protect sponsible path of making sure that we made by Harry Truman, backed up by them. He talked to the miners and got are able to craft a responsible com- legislation in this body over and over. to know them. So we are simply asking promise and get it done. I don’t care what your ideology is. I our President-elect to communicate to But as an appropriator in this year don’t care if you are a big government the people in his party to get on board and in this instance, it was upsetting cutter. This is not the place to cut. and live up to the promise we made to to me that we were kept completely This is the place to recognize hard miners many years—decades—ago. out of the process of crafting and final- work, a promise, and America, because Tonight, we are putting our Repub- izing this appropriations bill. we say to people: If you work hard, we lican colleagues on notice. We will not So without hesitation, I will vote are going to be there for you. But to- rest until we do right by our miners. against it tonight because it is impor- night, we are barely there for you. We I yield the floor. tant we send a signal that we and many are not cutting it off, but we are not The PRESIDING OFFICER. The Sen- other Senators are determined to fix doing right by the people I met last ator from West Virginia. this problem. As the Senator from night through the auspices of the Sen- Mr. MANCHIN. Mr. President, I West Virginia said, there are no coal ator from West Virginia, fine people thank my colleagues so much. I am so mines in my State, but there are many who got to my heart. sorry. The patience you have had is ap- retired coal miners and their widows. So we believe deeply in preserving preciated very much. It is an issue, as I have joined as a cosponsor of the these benefits, and we also believe in my colleagues can tell, we are very Miners Protection Act, and I am deter- not hurting other people to preserve committed to and very passionate mined to support the great and good these benefits. So we are not going to about. So thank you. We are just wrap- work of my friend, the Senator from shut down the government; we are ping up. West Virginia, my friend the Senator going to keep it open. That would hurt I just want to say one thing to put it from North Dakota, and so many oth- millions of Americans as well and take in perspective. I get to go around to ers—from my neighboring State of millions out of the economy. So we are schools in my State and really around Pennsylvania, Senator CASEY, and going to provide the votes to make the country talking to schoolkids, and from States across the country and re- sure we don’t shut down, although I try to give a little history lesson. I gions that are determined to do right there are so many people who want to always tell them: If you see a person in by the people who built this Nation for stand with the miners. We never in- uniform, if your parent or your grand- us. tended to shut down the government, parent or your aunt or uncle, someone Thank you, Mr. President. but our intention is very real—first, to served in the military, I want you to The PRESIDING OFFICER. The Sen- highlight the seriousness of this issue, say thank you because I want you to ator from West Virginia. not to let people think this is going to realize they were willing to take a bul- Mr. MANCHIN. Mr. President, as you go away because they didn’t live up to let for you. They were willing to sac- can see, there is a lot of passion here their promise. And I think we have rifice their life for the freedom they and a lot of passion for people who made our point. I don’t care if people are providing for you. Don’t ever take have hard-working men and women in don’t like being here on a Friday night. it for granted. their State also. I am so proud to have I know people have other obligations, What we failed to teach in that his- the incoming leader of our caucus, Sen- but those obligations are nothing com- tory lesson is to say thank you to a ator SCHUMER from New York, who has pared to our obligation to these min- coal miner who has provided the en- been a stalwart on this. He has fought. ers. ergy to allow us to be the superpower, He has stayed with us every step of the Leader MCCONNELL spoke to Senator the greatest country on Earth. Say way, and he will continue to lead this MANCHIN a few hours ago and said that thank you. fight until we are successful. At this he would work hard to make the health Thank you to every one of my coal time, I wish to make sure Senator benefits for miners not lapse in April. miners for what you do and what you SCHUMER gets recognized. That is good, but it is not close to have done for me in my little town of The PRESIDING OFFICER. The Sen- enough. It is a step forward, but we will fewer than 500 people. I can’t tell you ator from New York. go further, hopefully with the majority how much I appreciate the life I have Mr. SCHUMER. Thank you, Mr. leader but even without. had because of the sacrifices and hard President. We need the finance bill, the Miners work you have given for me. First, let me pay tribute to the Protection Act, a bill that would move With that, I want to say to all of my steadfastness, the strength, and the money from the Abandoned Mine colleagues, God bless each and every courage of my friend from West Vir- Lands Reclamation Fund into a fund to one of you. Thank you for the fight. ginia. As Senator MCCASKILL said, not pay for the pension and health care This is the right fight for the right rea- a day goes by where he doesn’t remind benefits of tens of thousands of coal son for the right people. us of the coal miners and their plight. miners and retirees, not for 3 months, We will finish very quickly now with Last night, through his good offices, not for 1 year, but permanently. To Senator JEFF MERKLEY. I met with some of these miners. They show how serious we are, every single The PRESIDING OFFICER. The Sen- are not from my State either. Democrat within just a few hours co- ator from Oregon. I looked into their eyes—hard-work- sponsored the miners amendment to Mr. MERKLEY. Mr. President, we ing people, many of them tired, not the CR, and we did get two Republicans heard a tremendous amount over the from the day, not from lobbying here— to join us. Welcome. We need more of course of the past year about fighting that is easy work for them—but from you. Stand up for the miners. for workers and working families. working in those mines for so many The fact that we have gotten so What does it take for a working family years. They are America. They are the many people on this legislation bodes to thrive? It takes a good living-wage people we owe so much to. well for our chances of getting some- job, access to public education for chil- Having met them, seen them, and thing significant done in the new year. dren, and for those children to be able looked into their eyes, I understood So when we return in January, we are to pursue their dreams with affordable why my dear friend from West Virginia going to be looking at every way we opportunities and education. It also and my friends from Virginia, Mis- can to make sure the miners receive takes health care. souri, Pennsylvania, and North Dakota full funding. The sooner the better, the Take a profession like coal mining— have such passion for these people. It is stronger the proposal the better, and far more dangerous than virtually any real. we will do it. profession Members of the Senate have

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.073 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6979 had in the course of their lives. Health many of our constituents have been have been on the list also, and we also care is an essential element both for hard hit by the downturn in the coal have been waiting hours and hours and the miner and for their families. So industry. We cannot downplay what hours—patiently waiting. Again, work- how is it that we are at this point right coal miners have sacrificed to fuel this ing down through the list was not fol- now in which many miners don’t know Nation for over a hundred years—black lowed by the opposition. if they are going to have health care Lung disease, physically disabling acci- I am simply saying that what was beyond April of next year? They don’t dents, whole communities built around asked just a few moments ago was not know whether this body is going to coal mining have vanished or are suf- objected to. When Members on the stand with them. They are in limbo. fering. other side of the aisle had their oppor- They are in a state of anxiety, and it is We say we want to support working tunity to speak, we were patiently absolutely unfair. families and protect seniors. We say we waiting. They have left the floor. There So we know, as tonight progresses, want to help Appalachia. I don’t know is no one on their side who has not spo- we are in a situation where we have an what we are waiting for. ken. extension through April, but, as JOE The PRESIDING OFFICER. The Sen- I don’t see what the problem is. The MANCHIN has said in his fight leading ator from Indiana. Senator from Oregon wants to file a this effort to necessarily secure health Mr. COATS. Mr. President, a number list, but no one on the list on the other care for coal miners and as our incom- of us have been waiting for several side is here. We are going to speak for ing Democratic leader has said, this is hours to speak. We understand the con- a limited amount of time, and we have going to be something that we are cerns of our colleagues across the aisle. been waiting 3 hours to do so. So I am going to stand together for in this com- We have been patiently waiting. I be- hoping my colleague would allow us to ing year. We are going to make sure lieve they have finished their remarks. do that. I would say that there were a lot of their health care does not expire in The PRESIDING OFFICER. Is there remarks directed across the aisle. April. This benefit has been earned objection? There are several of us over here who Mr. MERKLEY. Mr. President, re- through hard labor, over difficult are in support and voted for the issue serving the right to object, I believe years, in ways few of us can imagine, of the day here. If only our Republican my colleague makes a persuasive argu- and we are going to stand with the coal friends could join us, they said, we ment. Many did come to the floor to miners in getting that benefit. wouldn’t be in this situation. share in that important dialogue re- I am proud to sponsor this bill and Several of us have supported this. garding extending health care for our stand with JOE MANCHIN and CHUCK Given the circumstances here at the miners, and given that, I take the Sen- SCHUMER tonight. end of the year with making sure we Mr. KAINE. Mr. President, I wanted ator’s point, and I look forward to keep funding for government functions speaking later. to indicate how disappointed I am in and not have it shut down, the agree- Mr. COATS. I thank my colleague. the provisions affecting miners that ment that has now been reached is a The PRESIDING OFFICER. Is there have been included in the continuing reasonable agreement that obviously objection? resolution. While I will vote for final will be taken up again in the next Con- Without objection, it is so ordered. passage of the CR because we must not gress. I won’t be here. I supported it The Senator from Colorado. shut government down, the provisions this year. I know a number of my col- Mr. GARDNER. Mr. President, I contained are really an outrage. leagues have supported it. Many of us thank the Senator from Oregon for his Sixteen thousand three hundred re- are from coal country and understand accommodation in allowing us to tirees have received a notice that their the concerns. But the larger issue for speak, and I thank the Senator from health benefits will expire at the end of us is not to go into another shutdown. Indiana, whom we will miss in the next this year. What the majority has in- I have served in the Senate for many Congress. The Senator from Indiana cluded in the CR is to extend those years, and there has been nothing more has been a great example for those of benefits through April. But what was disruptive that produces more uncer- us who are new to the Senate in terms left unsaid is that now, 22,500 retirees tainty among businesses and individ- of his representation and statesman- will lose health coverage at the end of uals and employees throughout this ship, and I hope and wish the Senator April 2017, and 4,000 will lose them 3 country than the Congress not doing from Indiana nothing but the best for months earlier than they otherwise its job and providing funding for them his future. would have. This plan also calls for and shutting down the government. TRIBUTE TO ALAN LEE FOUTZ taking money from a fund created to Having said that, I ask unanimous Mr. GARDNER. Mr. President, I rise provide health coverage for retired consent that following what we have to honor the retirement and life and miners whose employers went bank- just heard, Senator GARDNER have the work of my dear friend Alan Lee Foutz. rupt. It ends the responsibility of the opportunity to speak, I think for a rel- Alan has been a part of my congres- coal companies to contribute to this atively limited time, that I follow him, sional staff for 6 years, representing fund. This is a terrible giveaway and I believe Senator SULLIVAN also the eastern planes of Colorado, first in cloaked in the provisions providing wishes to come to the floor and speak. Sterling and now in my hometown of short-term health care for miners and The PRESIDING OFFICER. Is there Yuma, CO. His devotion to Coloradans their widows. objection? is nothing short of inspiring, and his The promise that we will deal with Mr. MERKLEY. Mr. President, re- accomplishments in the field of agri- those consequences later rings hollow serving the right to object, there has culture and food production are a true when we have a permanent bipartisan been a list that has been worked out testament to his agricultural acumen. solution before us, the Miners Protec- for both sides. Many of us have been But beyond that, it is his passion for tion Act. I have supported this and pre- waiting many hours to deliver our serving others, his ability to find the vious versions of this fix since I began speeches, and I believe what the Sen- positive in any situation, and his gen- my service in the Senate 3 years ago. ator is proposing modifies that consid- uine demeanor that make me grateful The majority leader wanted the bill to erably. and honored to call Alan a true friend. go through regular order before any The PRESIDING OFFICER. Is there Born on December 29, 1946, and raised floor consideration. Well, this legisla- objection? in Akron, CO, Alan developed a pench- tion passed the Senate Finance Com- Mr. MERKLEY. Mr. President, re- ant for agriculture. He was raised on mittee 18–8 and is paid for. serving the right to object, I have been his family farm, where they grew I don’t understand why we didn’t on the floor here waiting for 21⁄2 hours wheat and hay and raised turkeys, take a floor vote on this bill months to deliver my speech on WRDA, and I hogs, and a dairy herd. ago. It would receive strong bipartisan don’t think my colleagues across the In 1968, Alan graduated from my backing if it could get a floor vote. aisle have been here for that amount of alma mater, Colorado State Univer- Many of us talk about helping the time. Maybe we should stick to the list sity, and earned a master’s degree in working men and women of our coun- that has been worked out on both sides. agronomy in 1970. Alan went on to earn try, protecting seniors and respecting Mr. COATS. Mr. President, if I could his Ph.D. in agronomy and plant genet- the dignity of a lifetime of work. Well, respond to my colleague, many of us ics on several innovative projects, such

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.075 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6980 CONGRESSIONAL RECORD — SENATE December 9, 2016 as mapping out the barley genome. He He married his wife Val in 1966 and represents distinct values that each then pursued and followed his passion raised two children, Paula and Greg. trooper must possess: character, integ- to California Polytechnic State Uni- When Al is not working on behalf of rity, and honor are to name a few. versity at San Luis Obispo, where he Colorado, he and Val enjoy spending Cody was, true to form, an embodiment accepted a job as an associate professor time spoiling their grandchildren. of each one of these values. of crops. From there, he was able to According to Alan, the driving force Character. Cody was a hard-working impart his passion and expertise to his that propels his ambition and un- and equitable man. His fellow troopers students, thereby cultivating the next equivocal success in life is his family. were quick to point out that Cody generation of food producers for our That is the true mark of an honorable would always treat each person he met Nation. man. fairly and with great respect and dig- Without a doubt, it was Alan’s endur- He wakes up every Sunday morning nity. A true testament to his genuine ing spirit and overall amiability that and drives almost 2 hours to serve as character. made him the perfect fit to inspire the only pastor at Kimball Pres- Integrity. Those closest to Cody young minds, but it was his love of Col- byterian Church in Kimball, NE—basi- knew him as a man of profound hon- orado that drew him back to his home cally 100 miles one way from his home- esty who possessed a natural aspiration State and his roots. After 9 years in town—a small church that relies on his to lead and serve others. According to California, Alan returned home and put commitment to their community each a tribute, Cody ‘‘was so honest that he his academic credentials to the test by and every week, a trip he makes for fu- once ticketed his wife!’’ partnering with his dad, Lyle, to oper- nerals, for weddings, for home visita- Honor. Cody was a genuine ate a 10,000-acre family farm. But even tions, but Alan doesn’t just keep his teamplayer, and would show up to that wasn’t enough to satisfy Alan’s in- commitment to his faith within walls work every day ready to serve, ensur- satiable appetite to advance Colorado of his church, he brings it with him ev- ing that his team was never a man agriculture. He became heavily in- erywhere he goes—whether it is by down. Indeed, Cody’s core values as a State volved in the Colorado Farm Bureau lending an ear to a young staffer in Trooper extended beyond the depart- and in the year 2000 was elected presi- need of advice or making hospital vis- ment. He was known as a loving hus- dent of both the Colorado Farm Bureau its to those in need. Alan is a man that band and caring father whose adoration and the Colorado Farm Bureau Mutual exemplifies true virtue and a devotion for his family knew no bounds. He Insurance Company. From there, his to service. placed his family on a pedestal and commitment to uphold and ensure Few people can honestly say they strived to be the best father and hus- Colorado’s traditional farming and have made a long-lasting and meaningful impact on society. Alan is one of band that he could be. ranching values was fortified, guaran- As we celebrate the holiday spirit teeing a lasting impact on the agri- those. Thank you for your passionate zeal, with family and friends, we must never culture community. forget the tireless efforts undertaken But Alan’s service was not confined Alan, you bring to our team day in and day out. Thank you for your dedication by Cody and all the courageous men to the borders of Colorado, nor to the and women in blue to uphold the law. shorelines of America. He dutifully to Colorado’s farmers and ranchers, and thank you for providing me an op- Many of these brave officers do not served on the American Farm Bureau portunity to learn from you and to have the luxury to spend holidays with Federation Board for 6 years and made help move our great State forward. family and friends. Instead, they an- multiple trips overseas to help further God bless the Foutz family. I hope swer the call to duty. They ensure the U.S. agricultural markets and exports your good will, passion, and enduring safety of those we love most. They are to other nations. Indeed, with this im- spirit will continue to flourish. the force that watches over us. So, pressive record, it is easy to see how HONORING COLORADO STATE PATROL TROOPER from the bottom of my heart, thank lucky I was to have such an accom- CODY DONAHUE you. plished staffer join my team. Mr. President, I rise to honor the leg- A hero is defined as someone who is Over the years, while he was em- acy of Colorado State Patrol Trooper ‘‘admired for his or her courage, out- ployed in my office, Alan demonstrated Cody Donahue. standing achievements, and noble his tireless work ethic and commit- On November 25, 2016, Cody pulled his qualities.’’ Through his work and time ment to Colorado agriculture. He vehicle over to the side of I–25 in Colo- spent with family and friends, Cody played an influential role in ensuring rado to investigate and assist with a embodied each and every one of these that farmers and ranchers in the Re- car accident. Cody was struck by an characteristics. So although Cody is publican River Basin who chose to con- oncoming vehicle and tragically killed. gone, his memory will live on. Char- serve their land were being properly Cody gave his life while nobly per- acter, integrity, and honor, these were compensated by the USDA. Likewise, forming his duties as a Colorado State Cody’s core values—values we must throughout the 2014 farm bill negotia- Patrol Trooper, and he—like all who strive to emulate, values that will tions, Alan used his lifelong knowledge walk the thin blue line—dedicated his make Colorado and this world a better of agriculture policy to ensure that ag- life to protecting and serving his com- place. riculture stakeholders across the State munity. HONORING DEPUTY DEREK GEER were being properly represented. And Cody was an 11-year veteran of the Mr. President, when I was preparing through the casework he does in my of- Colorado State Patrol, a loving hus- this speech, I noticed there was a fice, he has touched so many lives— band, devoted father, and a wonderful Christmas card on my desk today. I likely more than he realizes. He has son and brother. He grew up in Grand have it right here with me. It says, helped families navigate the adoption Forks, ND, and attended the Univer- ‘‘Merry Christmas.’’ Inside it says: process to take home a child without a sity of North Dakota, during which ‘‘Wishing you all the beauty and joy of home. He has assisted countless vet- time he married the love of his life, this peaceful Christmas season,’’ and erans with getting the benefit they de- Velma, and eventually moved to Den- there was a note in it from David and serve and so much more. These are not ver, where they gave birth to two beau- Sandra Geer. Earlier this year, Derek just cases to Alan; these acts change tiful girls, Maya and Leila. Geer, their son—a law enforcement of- people’s lives, and he does them with Since his passing, it is evident, ficial—was also killed. humility and because he has a heart through the numerous stories shared So while we pay tribute to Cody that is geared toward the service of by families and friends, that Cody was today, we pay tribute to Derek and so others. always quick to put others before him- many others who feel like they have Nonetheless, after all of his suc- self. So it comes as no surprise that been targeted, feel alone, who must cesses, after all of his degrees, and Cody joined the State Patrol. His cour- know we care for them, must know we after all of his accomplishments in and age, reliability, and selflessness made love them, and must know we keep out of my congressional office, it is him a perfect fit for a unit dedicated to them in our prayers, day in and day Alan’s devotion and absolute love for the safety of Coloradans. out. May it not just be this holiday his family and his church that is most It is well known within the Colorado season but every day that they stand inspiring. State Troopers’ family that the badge on that thin blue line.

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.076 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6981 Mr. President, I yield the floor. on a partisan basis but simply the half is going to get the massages and The PRESIDING OFFICER. The Sen- numbers, just the facts in terms of how we will see if the guys who get the ator from Indiana. taxpayers’ money is being spent. massages feel better than the guys who WASTEFUL SPENDING Today marks the 55th and final didn’t. I think they would have saved Mr. COATS. Mr. President, as my ‘‘Waste of the Week’’ speech. It may be the taxpayers a considerable amount of time in the Senate winds down, I find fittingly so on what looks to be the money. I don’t see why the National myself reflecting on many of the rea- last day of this session and my last day Institutes of Health can come to the sons I decided to return to the U.S. serving in the United States Senate. conclusion that a grant request for Senate. It is a little bit of walking down massaging rabbits is a good use of tax- Without a doubt, one of the main fac- memory lane in terms of talking about payer money. tors for my return was the sky- the ‘‘Waste of the Week’’ and the var- That is just 4 out of the 54 I have rocketing Federal debt and the harm ious items we have proposed. It has talked about. That is my walk down Washington’s excessive spending will been everything from the serious to the memory lane, but the total amount of have on future generations, including ridiculous, which grabs people’s atten- the waste identified through these 54 my children and 10 grandchildren. tion: Look, I can understand maybe examples adds up to more than $350 bil- The day President Obama took office, this particular situation where we lion. the national debt was $10.6 trillion. We overspent, but, come on, clearly, sure- We are down here arguing now about are now closing in on $20 trillion. ly, we weren’t using taxpayer dollars payments on a program, and we are Clearly, this cannot be sustainable for something as ridiculous or embar- talking about—well, we can’t fund this, without extraordinarily negative con- rassing as that. I will mention a few of we can’t fund that, that is an essential sequences for the future. That debt my favorite examples here that we program, the Defense Department clock continues to tick along, and we have talked about. needs more money, the National Insti- continue to roll into more and more Fraudulent double-dipping in Social tutes of Health needs more money for debt as we spend more and more on Security disability insurance and un- cancer research, but we don’t have any government programs than the revenue employment insurance benefits to the more money to give them. coming in to pay for them. tune of $5.7 billion that was spent Why not take actions to stop this So when I returned to the Senate in through basic fraud by those who were waste, fraud, and abuse or, better yet, 2011, I sought out opportunities to ad- submitting applications for and receiv- why not, not ask the taxpayer for this dress this ticking timebomb. I worked ing payments for both. Look, if you money in the first place? Why should with my colleagues, both Republicans can work but are thrown out of work, the taxpayer be sending money to and across the aisle with Democrats, unemployment insurance is available Washington to see that the accomplish- on efforts to restrain Federal spending to you. If you are disabled and can’t ment is waste, fraud, or abuse? and stabilize our Nation’s finances. work, Social Security Disability pay- I am pleased to note we have actually There were a number of efforts made. ments are made to you, but you can’t had some success in addressing some of We are all familiar with Simpson- collect both, and people were collecting this wasteful spending highlighted in Bowles, a bipartisan effort that trag- both, to the tune of $5.7 billion. these speeches. Last year, the Congress ically did not succeed and was not ac- Fraud in the Food Stamp Program. approved legislation that will finally— cepted by the President. The Com- People were fraudulently receiving up finally—phase out the so-called tem- mittee of 6—the Gang of 6, the so- to a total of 3 billion documented dol- porary tax credit for wind energy—a called Gang of 6, three Democrats, lars in that program. credit that was supposed to expire over three Republicans, seriously, fastidi- Department of Agriculture payments 20 years ago. We were promised that ously worked to try to put together a to dead people resulted in over $27 mil- this is a study to get it started and see formula to put us on a path to fiscal re- lion of payments. if it works to get enough wind energy sponsibility. Then there was the super- These are the things that were pre- at a cost that the public could afford committee, and there were outside sented. We were talking about several and see this as a way of providing al- groups led by both Republicans and hundreds of millions of dollars and ternative energy, but, boy, once some- Democrats. even billions of dollars. Something thing is on the books, it gets reauthor- Ultimately, we hoped we were final- that grabbed the most attention was a ized and reauthorized over and over. izing the efforts when the President, study by a National Institutes of And for 20 years it is: Oh, we just need through his own initiative across the Health which was issued in which 18 it 1 more year. We just need it one aisle, brought several of us into his New Zealand white rabbits received more time. On and on it goes. venue and talked about how we could four 30-minute massages a day. The Finally—finally—we have seen action work together. I was part of that ef- study was conducted at Ohio State taken by the Congress to complete this fort. Ultimately, eight of us, spending University and designed to figure out phaseout program, which will essen- a considerable amount of time with the whether massages can help recovery tially save taxpayers billions of dollars President’s top people and the Presi- times after strenuous exercise. and reduce the government’s involve- dent himself, tried to find a solution or I raised the question: Did we need to ment in picking winners and losers at least a step forward in the right di- bring over 18 white New Zealand rab- through tax policy. rection. I am sorry to say that also did bits? I don’t know what the cost was, Congress also approved a measure I not succeed in the end, when even some but I think we probably could have introduced to improve compliance in of the President’s own budget initia- found some rabbits in the United higher education tax benefits. By sim- tives he had proposed were rejected by States at much less cost. Nevertheless, ply adding language to require proof of him later as part of a package. the study went forward, and, guess eligibility for certain tuition tax cred- When it became clear to me that what. The results were that after four its, we saved taxpayers over half a bil- major reform efforts could not be en- massages a day after strenuous exer- lion dollars in improper payments. acted while the administration occu- cise, they felt better than if they didn’t Recent Defense authorization bills pied the White House, I launched a new get the massages. I wanted to apply for have included provisions to reform the initiative which I called the ‘‘Waste of that process there, but I learned they defense contracting process, which will the Week.’’ I decided that each week euthanized the rabbits after the study help cut down on billions of waste. Of when the Senate was in session, I was done. So I thought, well, it is a course, more work is still needed in would speak about documented and good thing I didn’t join that effort. this area, as a recent report identified certified examples by nonpartisan Nevertheless, I was thinking, as much as $125 billion in wasteful agencies—those we turn to, to give us couldn’t they just ask the Ohio State spending at the Department of Defense. the numbers, those inspectors general football team after a practice: Hey, I am a strong proponent of a strong na- who have investigated the situation guys, we are going to divide you in two tional defense, but when we find that and made recommendations, the Gov- categories. This category over here is well over $100 billion has been ernment Accountability Office—and all not going to get massages after our misspent, we are compromising our na- the material that is provided to us, not strenuous practice sessions and this tional security, and we are not giving

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.078 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6982 CONGRESSIONAL RECORD — SENATE December 9, 2016 our soldiers, sailors, marines, Coast To conclude, while today marks the Senate vote on the cloture motion with Guard, and others all the resources end of the ‘‘Waste of the Week,’’ I want respect to the House message to ac- they need to provide for our national to implore my colleagues in the House company H.R. 2028. I further ask that if security the way it needs to be pro- and Senate to keep going, to keep cloture is invoked, all time postcloture vided for. fighting to stop wasteful spending. be considered expired and Senator Today I am here for my 55th and I also want to acknowledge that my MCCAIN or his designee be recognized final ‘‘Waste of the Week.’’ I want to staff over the period of time, at dif- to offer a budget point of order, and talk about relatively modest—it is ferent times, as they were working on that if the point of order is raised, the amazing you can say this. Only here in this project, provided to me the exam- motion to waive be considered made this Chamber, only in Washington is ples, and they dug in and did their re- and the Senate vote on the motion to $48 million called ‘‘modest’’ because we search so that I could come to the floor waive without any intervening action talk in billions and trillions. Anyway, to make these points and hopefully, or debate. I further ask that if the mo- $48 million in Medicaid funding for hopefully save the taxpayer hard- tion to waive is agreed to, the motion drugs to treat hair loss—not hair loss earned dollars that shouldn’t have been to concur with further amendment for therapeutic reasons, not hair loss sent to Washington in the first place then be withdrawn and the Senate vote as a result of cancer treatments, but but were not used wisely and effi- on the motion to concur in the House for cosmetic purposes. Medicaid is pay- ciently when they came here. I particu- amendment. ing out $48 million to provide for meas- larly want to thank the following The PRESIDING OFFICER. Is there ures that will help reduce hair loss. members of my staff: Paige Hanson, objection? I want to stress that Medicaid is part Ansley Rhyne, Aaron Smith, Amy Without objection, it is so ordered. of our Nation’s safety net, to help Timmerman, Kristine Michalson, Matt Mr. MCCONNELL. Mr. President, let those in need. That is all the more rea- Lahr, and Viraj Mirani. me explain before my colleague, the son we have to ensure that Medicaid is Our former Governor, my friend Democratic leader, addresses the mat- run effectively and efficiently to have Mitch Daniels—former Governor of In- ter. What this does is set up votes in the financial resources to help low-indiana and the current president of Pur- connection with the CR at 10 p.m., but come families gain access to medical due University—famously said: ‘‘You’d then I want everybody to understand care. This also means we have to pro- be amazed at how much government that if we can’t get an agreement to move the WRDA votes up to that series tect Medicaid by ensuring that its fi- you’ll never miss.’’ Indiana has set the of votes, they will occur 3 hours later, nances are not used for medically un- example with significant cuts and re- at 1 a.m. Failure to consent to includ- necessary services. forms in spending to take our State There are certain medical services ing WRDA will only delay the Senate from a deficit to a $2.4 billion surplus. that all State Medicaid plans are man- until 1 a.m. in the morning. There were significant cuts in many dated to provide, and then there are a Let me go over that again. At the agencies through the growing of bu- number of additional services that are moment, I understand there is an ob- optional for States to cover. One of reaucracy that took place, and we have jection to adding the WRDA votes to these services includes drugs to treat yet to find what parts of government the stack that we just agreed to. So cosmetic hair loss. This is not hair loss we miss. without consent, we will be here an- There are so many programs and so due to an underlying medical issue, as other 3 hours or so, voting at 1 a.m. Ev- I mentioned; this is hair loss that just many ridiculous things that the gov- erybody should understand we are happens, often as we age. The treat- ernment funds—like rabbit massages going to finish all of these votes to- ments paid by Medicaid are for cos- and cosmetic hair loss treatment—that night, and that is the schedule for the metic purposes only. most Americans don’t even know about rest of the evening. I think all of us would love to have a and have never heard of, and while I no The PRESIDING OFFICER. The full head of hair, and I speak as one longer will be here, I am hopeful that Democratic leader. who falls in that category. As I look the next President and the next Con- Mr. REID. Mr. President, we have around the Senate Chamber, I see oth- gress will work in tandem to achieve now three hours until 10 o’clock. I hope ers who have joined me in watching the these goals. They could use my 55 that during that period of time, people hair fall off their head and looking in ‘‘Waste of the Week’’ examples as a will do whatever they need to do to the mirror and saying: How many hairs starting point, and they can continue make sure they get anything they want did I lose last night, and when is this because we have just scratched the sur- in, whatever they are trying to get. going to end? face. The reason I say that is that we are Losing your hair is not always fun, Today, I would like to add $48 million going to continue, as the leader has in- but I promise you, as someone who has to our total. And just in this cycle of dicated, working on a way to get out of been through all of this—and you are the Senate alone, we have come up here tonight. If not, we will get out of not alone—soon enough you will sim- with a grand total of $351,635,239,536— here tomorrow. I hope that—if someone ply accept the fact that while you money that can be used for a better has something they want to talk to me won’t make the finals in the 50 Most purpose. about, I will be happy to carry that Beautiful People in America, life will With that, my final words addressed message to anyone, including the Re- go on. to my colleagues in this extraordinary publican leader, but I think right now According to the nonpartisan Con- experience I have been privileged to we have 3 hours to sit around, stand gressional Budget Office, the Federal enjoy, I, for the last time, yield the around, and talk about this and find Government could save $48 million over floor. out if there is anything more that can 10 years by not paying for this cos- The PRESIDING OFFICER. Who be done. metic hair loss treatment. While this seeks recognition? I hope that at 10 o’clock, we will be may seem like a small amount of Mr. COATS. Mr. President, under the in a position to let everybody know if money compared to our nearly $20 tril- unanimous consent, Senator SULLIVAN we are going to have a vote before 1 lion national debt, it is yet another ex- was up. I notice the leader is on the o’clock in the morning because these ample of unnecessary use of hard- floor, and I am sure he would yield to votes will take at least an hour, the earned taxpayer dollars. the leader for his leadership purposes. three votes that are scheduled, so that Fortunately, the Senate recently The PRESIDING OFFICER. The ma- means 11 o’clock. By waiting around, passed legislation that included a pro- jority leader. you are delaying things by a couple of vision to end the Federal reimburse- Mr. MCCONNELL. Mr. President, let hours at a fairly late time at night. I ment for cosmetic hair loss, and that me give everyone the state of play. think by now everyone has a pretty bill, fortunately, is on the way to the First, I will be offering a consent re- good idea of how they are going to President for signature into law. By quest to set the continuing resolution vote. bringing attention to some of these votes at 10 o’clock. The PRESIDING OFFICER. The Sen- issues, we have been able to take legis- Having said that, I ask unanimous ator from Oregon. lative action to try to address and keep consent that not withstanding the pro- Mr. WYDEN. Mr. President, my col- unnecessary spending off the charts. visions of rule XXII, at 10 p.m., the leagues have been very gracious and

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.079 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6983 have gotten a little bit out of the the Pacific coast. The drought provi- ficult time for police officers all across queue, so I ask unanimous consent that sion, in my view, also threatens to un- the country, who have faced unprece- I be allowed to address the body for 5 dermine bedrock environmental laws, dented levels of violence—deliberate minutes; following me, Senator SUL- such as the Endangered Species Act, attacks. Across our great Nation, our LIVAN will address the Senate for 10 and it certainly would create the pros- men and women who get up every minutes; and following him, Senator pect of the new administration having morning with the mission to protect us COONS will address the Senate for 5 power of its own volition to override are having their lives taken. As of De- minutes. critical environmental protections. cember 5, there have been 134 fatalities The PRESIDING OFFICER. Is there I and my Pacific Northwest Senate against police officers this year alone. objection? colleagues have heard from concerned That is up by more than 20 percent Without objection, it is so ordered. west coast fishery groups and coastal from last year. Let’s face it—they are WRDA businesses for days. My constituents being targeted. Some of them are even Mr. WYDEN. Mr. President, I rise to are concerned about the implication of being ambushed. voice my opposition to the Water Infra- pumping water out of the Bay Delta to Just a few minutes ago, right here on structure Improvement for the Nation support a small number—a handful—of the floor, the Presiding Officer gave Act. In my view, Senator BOXER and very large agribusinesses in California. some very eloquent remarks about Senator INHOFE have done a lot of good, They believe that hard-working men what has happened in Colorado. These bipartisan work on this legislation. In- and women in the fishing industry and kinds of acts are happening all across frastructure is hugely important to our coastal businesses are going to pick up the country—Iowa, Massachusetts, country. I constantly say you cannot the tab for this break for the large ag- Texas, California, Colorado, Pennsyl- have a big-league quality of life with a ribusinesses. That is not the way to vania, Georgia, and unfortunately little-league infrastructure, and this manage water in the West for the long more than once in recent weeks in my legislation in particular has some very term. home State of Alaska. important provisions that I and Sen- The water infrastructure bill, which One brave Anchorage police officer, ator MERKLEY have worked on for our is meant to provide support for water- Arn Salao, was a victim of a cowardly home State. It includes assistance to dependent communities, doesn’t do a ambush in Alaska, but thankfully he help build homes for displaced Native whole lot of good if there are no fish in survived. The incident resulted in the American families, it provides funding the ocean. If there are no fish in the arrest and the killing of an accused to help restore fish and wildlife habitat ocean and no fishing families or fishing murderer who has now been accused of in our rivers, and it particularly in- boats in the ports and no fish at the killing five others in Anchorage. cludes assistance for small ports in Or- dinner table, the water infrastructure Unfortunately, another officer in- egon and across the country. bill is going to be something that we volved in a shooting in Alaska—this The fact is that small ports provide regret. I believe we will regret it in time in Fairbanks—wasn’t so fortu- crucial access to commercial and recre- this form. nate. On the morning of October 16, ation fishing. They are home to ocean At a time when coastal communities Sergeant Allen Brandt, an 11-year vet- science and research vessels. In our need as much help as they can get, this eran of the Fairbanks Police Depart- part of the world, they are the gateway provision threatens to do the opposite. ment, responded to reports of shots to the global economy. As long as the Water Infrastructure being fired. After pulling his vehicle Year after year, these ports have Improvements for the Nation Act in- over to question a suspect, Sergeant faced uncertain funding that threatens cludes this California drought rider, I Brandt was shot five times. After being good-paying jobs. I worked with other think it would be a mistake to go for- treated for several days, Sergeant Members to make sure the WRDA bill ward. Brandt was expected to survive. He includes stable, permanent funding— With that, I yield the floor. even came to testify in a remarkable over $100 million annually—for small The PRESIDING OFFICER (Mr. act of courage in front of the Fair- ports in Oregon and across the Nation. GARDNER). The Senator from Alaska is I highlight this to say what this leg- recognized. banks City Council on October 21. His testimony was riveting, but in a dev- islation does for a number of crucial REMEMBERING MIKE KELLY astating turn of events on October 28, areas—to the economy and our quality Mr. SULLIVAN. Mr. President, yes- just a few days later, Alaskans learned of life. Senator BOXER and Senator terday my State lost a great leader in that Sergeant Brandt had succumbed INHOFE have done very good work, but a tragic plane crash. Mike Kelly was a to the complications related to his in- my big concern is about the rider that former State legislator from Fair- juries in recovery. The hopes of our en- was added on California drought, which banks. He was the patriarch of a won- tire State were crushed upon hearing threatens the west coast fishing indus- derful interior Alaska family. He that this brave, young public servant try and has put every single good pro- leaves behind a long and accomplished had passed away. Alaskans from every vision in this legislation at risk. legacy of public service, leadership to corner of our State held vigils and con- Water issues have never been easy, his community, to the interior, and to tinue to mourn his loss. and I want to compliment my col- our great State, which he loved so league from California for her hard and much. He also leaves behind a wonder- There was a memorial service in long work to get a deal on drought that ful wife, siblings, and children who Fairbanks attended by thousands. I addresses California’s serious and ongo- have also played and continue to play happened to attend that with my fel- ing issues. Oregon is no stranger to such an important role in Alaska. He low Alaskans. It was one of the most water challenges, but there has to be a will be sorely missed by all of us. moving services I have ever attended. collaborative, stakeholder-driven proc- Rest in peace, Mike. At the memorial service, Sergeant Brandt’s testimony from just a few ess, and this rider is not a product of SUPPORTING ALASKA’S LAW ENFORCEMENT COM- the kind of compromise you get with a MUNITY AND HONORING SERGEANT ALLEN days earlier in front of the Fairbanks true collaborative effort. In effect, an BRANDT City Council was played. There, he was entire west coast industry feels left out Mr. President, the holidays are near- speaking to all of us on these impor- of the discussions. Fisheries and hardly upon us. It is the time when Christ- tant issues. It was so powerful and so working families in coastal commu- mas cheer descends on us, when hearts moving to see this young man so nities that depend on a healthy stock open and we reach out to our neigh- articulately speak about issues that of salmon stand to lose the most, and bors, friends, and even strangers, par- don’t just impact Fairbanks, AK, or these stakeholders have told us they ticularly those who are in need. Alaska, but the whole country. have had no meaningful seat at the Today I want to reach out to the po- Sergeant Brandt left behind his wife table. lice force in Alaska. These men and Natasha and their four young children The rider is not just about water and women put their lives on the line every under the age of 8. agriculture in California; it threatens day for us, and anyone who has seen I have talked about his testimony the health and sustainability of the the news in these past few months that he gave in Fairbanks that was salmon fishing industry up and down knows it has been a particularly dif- played at his memorial service, which

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.081 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6984 CONGRESSIONAL RECORD — SENATE December 9, 2016 was so powerful. Only a few days ear- to work that you are going to get shot? the concerns we have about extending lier, he had been shot. He gave his tes- Well, that is what our police officers their health care through the adoption timony, and then unfortunately he deal with every day. I am not com- of the Miners Protection Act. Although passed away. I wish to read several explaining, but I just want you to know that is an issue that dozens of Senators cerpts from his testimony because I what it is like, the life of a police offi- are concerned about, I wanted to speak think it reflects not only the impor- cer. tonight about another unacceptable tance of this issue, but it shows this Then he looked at the audience and omission in this legislation. young man speaking on something that said: But we appreciate your support. This continuing resolution does not impacts the whole country. That was his testimony. Only a few include a lesser known but, to me, no Here is the testimony he gave at the days later, he passed away. As I read less important provision, one that my Fairbanks City Council. There was that testimony again, I am struck by senior Senator TOM CARPER and I have thunderous applause, of course, when Sergeant Brandt’s extraordinary self- fought tirelessly for and one that is im- he walked in—a man who had been shot lessness. At the same time community portant to a manufacturing company five times just a few days earlier. He members were applauding his bravery, in my home State of Delaware and doz- stated: Sergeant Brandt sought to remind us ens of companies in dozens of States. I am humbled by the honor, and I’m no ex- of the bravery of his brothers and sis- Last year, when Congress passed at the ception to the rule. We have many fine offi- ters in blue, the unsung heroes who end of the year the omnibus spending cers that are far greater and have done better things than I have. I do appreciate the face the same dangers he did but with- package, we left on the cutting room community’s support and I know sometimes out public fanfare or an outpouring of floor, through an inadvertent staff it’s hard for officers to see whether or not support. error, provisions to extend a series of the city supports us, but I’ve always said Having met with first responders all clean energy tax incentives known as that by-and-large, the city does support its over my great State, I know that Ser- the 48C investment tax credit, or ITC— police officers. And you know we’re never geant Brandt’s extraordinary selfless- not all of them, just for a few narrow going to have the support of the criminals ness is not an outlier, and it is not an and defined areas and, in a case that I . . . and to tell you the truth, they don’t have my support either. However, I do sup- exception; it is a hallmark of our po- care most about, for fuel cells. Those port their constitutional rights and their lice force and the fire department. incentives have bipartisan support and free exercise of them. They wake up each morning knowing have already proved successful at cre- He continued: that today may be the last day they ating new technologies and good manu- I’ve seen the hand of the Lord in my situa- get their kids ready for school, the last facturing jobs in this country. tion. Can you believe I was shot five times day they kiss their spouse goodbye. We have heard a lot of talk in the through the legs and I walked into this Today they may be asked to lay down last campaign about bearing in and room. There’s a bullet, it’s almost healed up, their life to save another. That is a fighting hard to save manufacturing but right here over my heart where my vest heavy burden. It is a burden that is jobs here in the United States. Well, certainly saved my life there. shared by the spouses and children who extending the ITC is exactly the I appreciate the support of the community, the Fairbanks Police Department, the An- have seen too many sleepless nights, chance we had here today—we have had chorage Police Department, the Alaska praying for the safety of their mom in the past year—to do just that. There State Troopers, and other officers. But our and dad. are tens of thousands of jobs and hun- officers do a very hard job, and they need In conclusion, over the holidays we dreds, likely thousands, of companies your support. Unfortunately, when an officer are all going to come together with across our country that rely on this gets shot or something bad happens, it’s just family and friends to celebrate the ITC. In my home State, Bloom Energy, human nature—we don’t think about things holidays. We are going to remember a company that manufactures in a that we need until something bad happens. I our troops overseas. But let’s keep in number of States, has a significant don’t blame anyone for that. But, you know, think about our officers. I’ve worked for the mind the sacrifices being made by our presence. Built on the site of a former city for 12 years, probably ten of those years brave officers, as well as their families, Chrysler plant, it was taken down when I worked weekends when my friends are off. who will be on the beat during the holi- Chrysler closed its facility. I work at night and sleep during the day. I days just like our members of the mili- Bloom Energy offers real promise for don’t sleep with my wife. And the other offi- tary, protecting us. the hundreds of Delawareans who work cers, too. I was never called a racist until I On behalf of my fellow Alaskans, I there in a cutting-edge clean energy put the uniform on. You know, once you put want to express my profound gratitude business that was growing. But without a police uniform on, you’re a racist. I can’t ever let my guard down, not at Fred Myer and thanks to our proud law enforce- the benefit of that section 48 invest- and not at my house. I travel everywhere ment community for all they do to ment tax credit, they are not growing. armed. Always vigilant. Always watching. keep our communities safe. They may even have to lay people off. And the other officers over there, they’re the I yield the floor. In my home State and in States all same way. So, we need your support. Not The PRESIDING OFFICER. The Sen- over this country, that is a concern I just when bad things happen. But the officers ator from Delaware. wish we had worked together to ad- over there do a hard job. And most of the Mr. COONS. Mr. President, I rise dress. time it’s thankless. And we’ve really appre- today to speak about the continuing These are incentives that have been ciated the outpouring of support that’s resolution that is the business before comes from this. proven to bring good jobs to the United the Senate. We are here once again States. If we don’t extend section 48, as He concluded his testimony. He today, as we have too often been in the I think is very unlikely to happen to- called out to one of his buddies: 6 years that I have served here in the night, tens of thousands of jobs across I think Sergeant Barnett’s here, and I want Senate, working at the last minute to to thank him. Sergeant Barnett was the first our country and dozens, at least in my one on the scene, and until he got that tour- avoid shutting down our Federal Gov- home State, are at risk. niquet on my leg, I didn’t think I was going ernment later tonight. All over the country, we have heard to survive because I was bleeding a lot. As we have before, to avoid a shut- in writing from hundreds of companies But let me leave you with this last down we appear likely to pass yet an- in 48 different states that support this story that he told his fellow other continuing resolution. As an ap- extension. These companies want to in- Fairbanksians: The night I was shot, I propriator, as someone who is on the vest in the research and development, had my four kids and my wife on my committee that is responsible for put- the scaling up of new clean energy bed. I read them a story like I always ting together all the provisions that technology. They require long-term do. After the story, I told them, I think will help keep this government moving certainty and stability. But the exten- I am going to get shot tonight. forward, it is a real disappointment to sion of those credits has been pushed Can you imagine saying that to your me that this continuing resolution into next year sometime, after a year kids? He continued: And it happened. fails to address issues of real concern in which it was promised over and over In the middle of the gun battle, that is to folks all over this country. this would get addressed. all I could think about. Earlier this evening, I joined a num- The fault here lies predominately in He concluded by saying this: Can you ber of my colleagues to draw attention the other Chamber, in the House, imagine telling your kids before you go to coal miners and their widows and which did not respond to requests from

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.082 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6985 the leadership of this Chamber for this coal miners, waged by the President of severe PTSD, and he had been an to be addressed. Republicans in the the United States Barack Obama, and agoraphobic, which is why he couldn’t House are trying to push this issue, all of his Federal agencies—8 years— have been there without Tuesday. I this extension, into a tax reform pack- unprecedented, illegal from my per- asked him what Tuesday did for him. age planned for next year. But tax respective. He said Tuesday could anticipate when form has been on the agenda here for Where is the outrage? There have he was going to have a panic attack by year after year after year, and these been a number of us who have been try- the smell of his perspiration or changes credits expire this year, December 31. ing to fight this war against coal min- in his breathing pattern and that Tues- With countless jobs at stake across ers for the last 8 years. Where is the day would nuzzle him, and he wouldn’t the country, punting this to next year outrage about that? The war on coal is have the panic attack. after a year in which it failed to be what has hurt many of these miners. I Luis talked about how he had debili- brought up and addressed has real am confident and hopeful that the in- tating nightmares. If he started world implications in my State and coming Trump administration will thrashing in his bed, Tuesday would States across the country. So, after help those miners with real jobs, not jump on the bed, wake him up, and he mistakenly, admittedly by error, drop- continue to purposefully put them out wouldn’t have to endure a debilitating ping this extension a year ago, leaders of work as the Obama administration nightmare. promised that this issue would be ad- has done. He said he was agoraphobic, so he dressed. A year later, it has not been. So when we talk about coal miners, didn’t go out. He got Tuesday as a serv- So on the stack of reasons why I will taking care of them, we also need to ice dog. He had been drinking very cast an unprecedented no vote on the talk about who has been waging that heavily, alcoholically, and he was of- CR tonight, this is just one more rea- war and who has been fighting against fered this opportunity—this chance to son—a failure to fulfill a longstanding it. That is what we really need to do to have a service dog, to be paired with promise that these tax credits would be protect coal miners. this service dog. He was trained with extended. I yield the floor. Tuesday. Tuesday had been trained a Companies can’t invest and grow if The PRESIDING OFFICER. The Sen- couple of years beforehand, including they can’t have a predictable path for- ator from Minnesota. by a prisoner who had been serving a ward for investment and know about Mr. FRANKEN. Mr. President, I ask sentence for second-degree murder and what is the possibility for their incre- unanimous consent to speak for 10 min- had been a big part of Tuesday’s train- mental investment in R&D and manu- utes. ing. That man was released from prison facturing. Real American businesses The PRESIDING OFFICER. Without and now trains dogs for a living. He has today, like Bloom Energy in my State objection, it is so ordered. a business doing it. and hundreds of others, need this reli- Mr. FRANKEN. Mr. President, first I He brought Tuesday back to his ability. There is no reason this could wish to associate myself with Members apartment in Brooklyn, a small apart- not have gotten done. There is no rea- who came to the floor this evening to ment that he couldn’t leave. He said he son promises made could not have been talk about the CR. I will be voting learned something about having a dog. kept. There is no reason this could not against it. This isn’t about shutting You have to take a dog out at least have been resolved. the government down. This is about twice a day. He learned something else, So with real disappointment and re- the House putting forward a bill really which is that people don’t go up to gret, I am going to vote no for the first without consultation with Senate scruffy-looking wounded vets—he time on a continuing resolution that Democrats—there was some, but at walked with a cane because of part of puts at risk keeping this government first there was none—and then leaving his wounds in Iraq—but they will go up open because of a whole series of town. I feel that we could easily do a to a scruffy-looking wounded vet with missed opportunities in this year’s bill. very short-term CR to hash out a few a beautiful dog. Having Tuesday broke It is my hope, it is my prayer, that of these matters—the health care for his isolation. He got out of his apart- next year, with a new Congress and miners and their widows being fore- ment, into life, and starting attending with a new President, we will renew an most in my mind. That easily could Columbia University School of Jour- attempt to find a bipartisan consensus have been done. It is not as if we nalism. around what it is we have to do to be worked in this body too many days this I was so inspired by meeting Luis and competitive as a country, to sustain an year, and I think we could have worked Tuesday that, while I was waiting for all-of-the-above energy strategy, and next week to iron this out, to hash this my election to the Senate to be re- to work together to find solutions that out. I will be voting no because if we solved in 2009, which took about 6 more will grow manufacturing in our coun- really care about the working people in months—I met him in January of 2009— try. this country, we really ought to be pro- I spent a lot of that time during my re- I yield the floor. tecting their pensions and their health count and then the legal actions after The PRESIDING OFFICER. The Sen- care. that researching service dogs and the ator from Alaska. REMEMBERING CAPTAIN LUIS MONTALVAN benefits they bring to their owners. COAL INDUSTRY Mr. President, I rise today to honor a When I got to the Senate, the first Mr. SULLIVAN. Mr. President, a very special man and friend of mine, piece of legislation I introduced was number of my colleagues were down on CPT Luis Montalvan, one of my per- quickly passed into law. JOHNNY ISAK- the floor a little bit ago, talking pas- sonal heroes. SON of Georgia was my lead cosponsor. sionately about the challenges our coal On Monday I received the news that The bill was designed to increase the miners in the United States face. I Luis had died last Friday. This has number of service dogs for veterans. want to mention Senator MANCHIN been a difficult week, and I am griev- Luis inspired that. from West Virginia, in particular, who ing Luis’s death. Luis deserves to be In 2011, after graduating from jour- is someone who speaks with a lot of honored because he dedicated his life nalism school, Luis turned his story passion on this issue as was men- to helping other veterans cope with the into a book entitled: ‘‘Until Tuesday: A tioned—so much so that I cosponsored same struggles he faced after returning Wounded Warrior and the Dog Who the bill that he has been advocating, from war. I hope to do him justice be- Saved Him,’’ which chronicled his jour- largely on the basis of his strong advo- cause his story deserves to be told. ney after returning from Iraq. It was a cacy and, to be perfectly honest, the I met Luis in January of 2009 at an very candid and deeply moving account great respect I have for Senator IAVA event—Iraq and Afghanistan of his struggle. I have always admired MANCHIN. Veterans of America. Luis was there the bravery it took for Luis to share I do find it a bit ironic that what we with Tuesday, his service dog. I love his story. In the year since the book have not heard from any of my col- dogs, and so I immediately went to came out, he had been traveling around leagues on the other side of the aisle, Luis and to Tuesday. He told me that the country, sharing his story with lots when talking about coal miners’ chal- he could not have been there if it of people, giving speeches and inter- lenges, is that we have just had an 8- weren’t for Tuesday. I asked him what views about his experience. He even year war against the coal industry and Tuesday did for him. He told me he had had the chance to appear on the David

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.084 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6986 CONGRESSIONAL RECORD — SENATE December 9, 2016 Letterman Show with Tuesday. It was mind us that unless you yourself have passed the Senate for the very first something I know Luis really enjoyed. seen combat—which I have not—there time, and with the passage of this bill, Luis wrote two children’s books is really no way to ever fully under- it will finally become law. The Black- about Tuesday. His book ‘‘Tuesday stand what they have gone through. I feet Tribe has waited long enough. It is Takes Me There: The Healing Journey know I certainly don’t, but I do know time to get this compact across the fin- of a Veteran and his Service Dog’’ is that these men and women put them- ish line, and we are very, very close. one of my grandson Joe’s favorite selves in harm’s way in service to our This compact will not only establish books. Luis wrote these children’s country, and it is our obligation to do the tribe’s water rights but irrigation books so kids could learn about how everything we can to help them when for neighboring farmlands. We call that Tuesday changed his life and helped they come back. area Montana’s Golden Triangle. It is him by helping him through his daily As Members of Congress, it is our re- some of the most productive farmland activities. sponsibility—more than anyone else’s in our State. In fact, it is where my This year had been a difficult year in this country—to do right by them. I great-great-grandmother homesteaded. for Luis. Despite Tuesday’s steadying certainly do not have all of the an- Today is a historic day for the Black- presence, Luis was still feeling pain in swers, but I do know we can do better. feet Tribe, for Montana farmers, and his leg when he walked. Sometimes Luis was my friend. He was a good for Montana families. The Blackfeet that made it difficult to get around. To man who loved his country and wanted water compact will update decades-old ease the pain, he had his leg amputated nothing more than to help ease the infrastructure, and it will strengthen a few months ago, and he was in an in- pain that so many of his fellow vet- irrigation for agriculture, while also tensive therapy program to relearn to erans experienced. I don’t have the protecting habitat. walk with a prosthetic. words to describe the sadness I feel I want to commend the Blackfeet He had other physical difficulties knowing Luis is gone. Tribe and its chairman, Harry Barnes, though. I talked to Luis’s parents this There is a lot to learn from Luis’s who have been diligent and patient in week to call them and tell them how book about what these men and women seeing this settlement forward. I com- sorry I was for their profound loss, and endure when they come back from war, mend our State for its commitment to they told me that among other health but learning about the relationship be- the Blackfeet Tribe and Indian Country difficulties, he was suffering from very tween Luis and Tuesday is really one of in Montana. I urge the support of my severe heart problems. So he was going my favorite parts. colleagues in passage of this WRDA through a difficult period. Here is one of my favorite passages. bill. I wish to celebrate the legacy he And remember that one of the things Mr. President, I yield the floor. leaves behind, his legacy of helping Tuesday could do for Luis is anticipate Mr. LEAHY. Mr. President, today the veterans cope with life after combat. panic attacks. Here is the quote, and Senate will vote to put the government Because of Luis, more veterans are now this is from his book. on autopilot for the next 4 and a half able to access service dogs. Tuesday quietly crossed our apartment as months. Coupled with the continuing Let me tell you something about I read a book and, after a nudge against my resolution we are currently under, that these amazing dogs. Obviously, a serv- arm, put his head on my lap. As always, I im- is 7 months of fiscal year 2017 priorities ice dog can’t do everything, but they mediately checked my mental state, trying funded—or not—under the terms of the do a lot to help. Service dogs raise to assess what was wrong. I knew a change in fiscal year 2016 omnibus bill. Freezing their master’s sense of well-being. my biorhythms had brought Tuesday over, in place an earlier year’s priorities—ig- They help reduce depression. They because he was always monitoring me, but I noring the many hearings and the com- couldn’t figure out what it was. Breathing? ward off panic attacks—as they did Okay. Pulse? Normal. Was I glazed or dis- mittee work and the debates and the with Luis. They assist when their tracted? Was I lost in Iraq? Was a dark pe- oversight that the Appropriations owner needs help standing back up riod descending? I didn’t think so, but I Committees have invested in genuine, after falling. They do so many things— knew something must be wrong, and I was full-year funding bills for next year— and not just for veterans. They do it starting to worry . . . until I looked into by definition means this stop-gap bill for diabetics. They can smell when the Tuesday’s eyes. They were staring at me is chock-full of great mismatches be- blood sugar is too low. They can be softly from under those big eyebrows, and tween our current priorities and those companions for autistic kids. The par- there was nothing in them but love. set long ago for an earlier fiscal year. ents had told me that they could take Luis, I want you to know that while By definition it means wasted diver- their child to the mall now because you are not with us anymore, I am so sion of funds to past priorities and giv- they won’t act out because they are proud of you. I am so proud that you ing short shrift to changing cir- taking care of their service dog while were brave enough to serve your coun- cumstances, needs and priorities. their service dog is taking care of try for 17 years, and then brave enough What does that mean to Vermonters? them. to share the story of the hardship you It means cuts to food assistance needs. For veterans living with service-re- faced afterward. I am so proud of you It means halted homeland security pre- lated injuries, these dogs can make a for giving hope to other veterans who paredness grants. It means uncertainty tremendous difference between vet- faced the same struggles you did. Your for affordable housing developers and erans having a very good life—a decent book sits on my Senate desk still and transportation planners. It means we life—and a very difficult one. My bill always will. It will stay there as a re- here in Congress didn’t get our job was a step in the direction to make minder of the man I am proud to have done. sure that all veterans who need a serv- called my friend. What makes the vote on this con- ice dog are able to get one. Thank you, Mr. President. tinuing resolution all the more frus- Still, we must realize that so many The PRESIDING OFFICER. The Sen- trating is the fact that we didn’t need of our veterans still struggle mightily, ator from Montana. to be in this predicament today. The sometimes years and decades after BLACKFEET WATER RIGHTS SETTLEMENT BILL Senate Appropriations Committee they come home. The hard truth is Mr. DAINES. Mr. President, today carefully considered 12 individual ap- that in many ways we are family—our the Senate can make history in Mon- propriations bills. All but one were re- vets. tana. The Senate has the opportunity ported with broad if not unanimous The VA estimates that upwards of 20 to send the Blackfeet Water Rights support. Through September, October, percent of veterans of Operation Iraqi Settlement Act to the President for his and into November, we negotiated in Freedom and Operation Enduring Free- signature with the passage of this good faith and in a productive way dom in Afghanistan suffer from PTSD. WRDA bill, an issue I have been work- with our counterparts in the House of Twelve percent of gulf veterans and 30 ing on since I first came to Congress. Representatives. That is until the percent of Vietnam veterans have suf- Modern efforts to settle the Black- order came to stand down. The word fered PTSDs during their lifetime. feet tribe’s water rights date back to was that the President-elect didn’t These statistics should serve as a so- 1979. After long negotiations and after want us to pass a responsible, full-year bering reminder of the pain that so being introduced four times in the Con- budget. The word was that he wanted many veterans live with. It should re- gress since 2010, this year, the compact Congress once again to kick the can

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.085 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6987 further down the road. Then Democrats Senate should provide advice and containing military readiness—are under- in both the Senate and House were shut sent in the appointment of such Cabi- funded by $12 billion. This is not the out of the process—no consultation and net nominees. Congress subsequently support our men and women in uniform no negotiations. sought to implement limitations on deserve. In the absence of what could have who could serve as Secretary of De- To mitigate the worst of these ef- been an achievable omnibus appropria- fense, thereby ensuring that America’s fects, the bill before us contains a very tions bill, this continuing resolution military would remain under civilian small number of changes to particular does fulfill a few key priorities. It control. Circumventing these limita- funding needs, so-called anomalies. The avoids a government shutdown, just be- tions requires an act of Congress. It two amendments I filed today suggest fore the holiday season. It provides the has been done just once before and not two more such changes, to ensure that millions of dollars authorized earlier with any deal of levity. This con- important DOD medical research ef- this week in the 21st Century Cures Act tinuing resolution, however, seeks to forts and significant increases in to fight opioid abuse and cancer. It re- truncate the Senate’s debate over spending for Israeli missile defense projects the National Defense Authoriza- granting, for only the second time in grams move forward. tion Act’s proposal to increase base de- history, such a waiver. My opposition Just this summer, during the consid- fense spending through an increase in to the inclusion of this language stands eration of the fiscal year 2017 National overseas contingency operations funds. apart from the nominee himself, as Defense Authorization Act, the Senate It provides billions of dollars in emer- well as the legislation granting such a voted in a strong, bipartisan fashion to gency disaster assistance for recent waiver, each of which should be de- maintain a comprehensive DOD med- natural disasters. It supports addi- bated fully. I oppose limiting the Sen- ical research program. We debated at tional funds to care for unaccompanied ate’s debate over the granting of such a great length the important contribu- children from Central America and waiver. That is what this language tions DOD medical research continues Mexico. And at long last, it provides does. The Senate is the most delibera- to make for our Active Duty personnel overdue funds—fully offset through the tive body in the world. With this provi- and their families, as well as our mili- Water Resources Development Act au- sion, we cede that designation, at least tary retirees, veterans, and the Amer- thorization—to address the shameful a bit, and pave the way for further ero- ican public. lead contamination crisis in Flint, MI. sions. Under a CR, because the bulk of DOD The people of Flint have waited far too Nonetheless, we face what is iron- research dollars—over $1 billion—are long, while Congress has dragged its ically both a complicated and straight- added by Congress, much of this work feet, to finally have access to the need- forward decision: allow for a govern- will stop cold. No new projects will be ed resources for the children and fami- ment shutdown, 2 weeks before the funded, with impacts on fiscal year 2016 lies suffering there. winter holidays, or approve this con- research projects as well. Passing this These are, surely, all reasons to sup- tinuing resolution that casts aside amendment will ensure that this crit- port this continuing resolution. But, as Congress’s responsibility to enact ical work and medical advances for our with most things, there is another side meaningful appropriations bills for the soldiers, airmen, sailors, and marines to this story. fiscal year. As the incoming vice chair- are not delayed by allowing $1.8 billion The continuing resolution extends, man of the Senate Appropriations contained in the fiscal year 2017 De- without desperately needed reforms, Committee, I don’t take this decision fense Appropriations bill to be spent. the EB–5 immigrant visa program. I op- lightly. I want the record to be clear. At the same time, over the last dec- posed the current continuing resolu- To Senate Republican leaders and Re- ade, Congress has overwhelmingly sup- tion for this same extension. As I have publican leaders in the House; to the ported significant increases for Israeli said numerous times, the EB–5 pro- President-elect and the Vice President- missile defense programs, including gram has become mired in fraud and elect: Democrats will not rubberstamp Iron Dome, David’s Sling, and Arrow. abuse. Almost everyone agrees it is a partisan agenda in the 115th Con- The fiscal year 2017 Defense Appropria- broken. It is time we fix it. If EB–5 can- gress. We will not tolerate being shut tions bill includes a $113 million in- not be reformed due to a paralysis of out of negotiations about how our tax- crease for these programs—totaling leadership, the time has come for it to payers’ dollars are spent. And we will $600.7 million—and this spending is end, not be extended, without debate, not allow Congress to continue to buck necessary to get new technologies into in a continuing resolution. its constitutional duties to quite sim- the field in a timely manner. This continuing resolution—again, ply do its job. I think we can all agree that 7-month negotiated behind closed doors by Sen- Mr. DURBIN. Mr. President, I had CRs are not the way we should be fund- ate and House Republicans—does noth- hoped to offer two amendments to the ing our government. While we should ing to resolve the questions about how continuing resolution, CR, we are con- be considering all of our appropriations to sustain health care for miners and sidering to fund government operations bills, passing both of these amend- miners’ widows. The Senate Finance through April 28, 2017. I want to say ments would enable important pro- Committee approved legislation in Sep- from the outset that I am disappointed grams to maximize their impacts in tember to address this crisis in a bipar- the Republican majority has decided to fiscal year 2017. tisan vote of 18 to 8. The Republican consider another CR rather than pass Mr. PETERS. Mr. President, today I leadership has chosen—chosen—to not full appropriations bills. wish to speak, once again, about how bring that legislation forward. Instead, This is an abdication of our responsi- critically important it is to pass legis- now mine workers will be forced to bility to govern, and there are real neg- lation that will finally help the people spend the last dollars in their multiem- ative effects for the American people. of Flint repair their devastated drink- ployer health plan to cover this 4- As vice chairman of the Defense Appro- ing water system. We have before us a month extension. What promises do we priations Subcommittee, I can tell you water resources bill that was identified have that there will be a real commit- that 4 more months of a CR poses sig- a long time ago as the vehicle to assist ment to provide for these men and nificant funding issues for the Depart- Flint during their still-ongoing water women come next May? None. These ment of Defense, DOD. crisis. We have been working for mineworkers cannot afford thousands Given the thousands of funding lines months and months on this. We have of dollars in monthly health care bills that make up the DOD budget and the had strong commitments from leaders on the small pension payments they re- changing needs from one fiscal year to in both parties and on both sides of the ceive. the next, it does not work to simply Hill. Further, the continuing resolution continue spending from year to year. The Water Infrastructure Improve- includes a troubling, precedent-setting For example, rolling the fiscal year ments for the Nation Act, formerly provision to expedite consideration of 2016 DOD budget into fiscal year 2017 known as the WRDA bill, includes waiver legislation for the President- means that procurement accounts are funding authorizations for commu- elect’s announced nominee to serve as overfunded by $6 billion, while oper- nities that have had a drinking water Secretary of Defense. The Framers of ations and maintenance accounts— emergency, as well as language author- the Constitution provided that the those primarily concerned with main- izing increases in health funding and

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.115 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6988 CONGRESSIONAL RECORD — SENATE December 9, 2016 lead exposure prevention. But the ac- unbelievably resilient and strong peo- So I have authored an amendment to tual appropriations funding for these ple. I urge you to follow through on S. 290 that would add an additional cat- provisions are contained in the Con- that promise by voting in support of egory of Department of Veterans Af- tinuing Resolution. the water resources bill and continuing fairs employees who also would suffer The bottom line is this: For Flint resolution. Thank you. the loss of their pension should they be and any other future communities with The PRESIDING OFFICER. The Sen- convicted in a court of law for conduct drinking water emergencies to receive ator from Kansas. they committed in caring for patients money, this body must pass both the UNANIMOUS CONSENT REQUEST—S. 290 at the VA, and that reduction in pen- water resources bill and the continuing Mr. MORAN. Mr. President, I wish to sion would occur from the point of resolution. This may be the last, best call to the attention of my colleagues time of the conduct that resulted in chance to secure the long-overdue as- S. 290. S. 290 is a piece of legislation the felony conviction of that VA em- sistance that the people of Flint de- passed unanimously by the Senate ployee. serve. Committee on Veterans’ Affairs. It is a What we are talking about is adding The families in Flint have suffered bipartisan bill that was crafted by the positions such as physicians, dentists, through unspeakable hardships over ranking member, the Senator from podiatrist, chiropractors, optometrists, the last couple years. To this day, Connecticut, Mr. BLUMENTHAL, and me, registered nurses, and physicians as- many are still using bottled water to and it deals with accountability at the sistants to the language; the theory drink, cook, wash their dishes, and Department of Veterans Affairs. being if it is appropriate to remove the even take sponge baths. After Thanks- This legislation has a number of com- pension benefits of a member of the giving, it broke my heart to see the fa- ponents, but the one I wish to focus on upper echelon—the executive team at mous ‘‘Little Miss Flint’’ post on social this evening is one that has a con- the VA for conviction of felony con- media about how it took 144 bottles of sequence to those in senior executive duct—why would it not be appropriate water to prepare Thanksgiving dinner. positions at the Department of Vet- to also add those who can do even more Can you imagine having to open 144 erans Affairs who commit felonies in damage to a veteran by felony conduct bottles of water simply just to cook the scope of their employment at the against them while seeking care and your Thanksgiving meal? These same Department of Veterans Affairs. This comfort and treatment from the VA? people have heard promise after prom- legislation, S. 290, would eliminate So what we now present to the Sen- ise that they will get the help that their pension if convicted of a felony in ate—in fact, we have asked for unani- they need to put new pipes in the a court of law and only that portion of mous consent on two previous occa- ground. Some of that work has started, their pension that was accrued after sions for this to be considered. We have and the water quality is slowly start- the conduct that resulted in the felony hotlined this legislation. It has cleared ing to improve. Still, the fact remains conviction. the Republican side twice but has yet That is the circumstance that was that Flint residents still cannot access to clear the Democratic side of the approved by the Veterans’ Affairs Com- clean drinking water directly from Senate. So the request soon will be mittee a year ago this month. That bill their taps. that S. 290, as amended by a Moran has yet to come to the Senate floor. We shouldn’t forget that the Flint amendment, the language of which was During that time in which we have provisions in the water resources and negotiated between me and the ranking been waiting for consideration of this the CR also contains language to set up member, Senator BLUMENTHAL of the legislation, certain terribly unfortu- nationally significant programs and Veterans’ Affairs Committee, be added nate events occurred at the VA hos- policies to help prevent and respond to to the original S. 290, the bill that Sen- pital at Leavenworth, KS. any future emergencies that are simi- ator BLUMENTHAL and I created to cre- I have been on the Senate floor ate accountability at the Department lar to the Flint water crisis. The bills speaking to this issue previously, but include money for a lead monitoring of Veterans Affairs. the basic facts are that a physician’s Mr. President, I ask unanimous con- registry and an associated expert advi- assistant committed sexual acts with sent that the Committee on Veterans’ sory committee, as well as for a child- his patients—veterans who came to the Affairs be discharged from further con- hood lead prevention and a better pub- VA hospital at Leavenworth, KS, for sideration of S. 290 and the Senate pro- lic notification process. care and treatment, and we learned of ceed to its immediate consideration; I The water resources legislation also this reprehensible conduct from news- has nationally significant, bipartisan further ask that the Moran substitute paper reports in 2015. amendment be agreed to; the bill, as provisions to restore some of our Na- That conduct has affected many vet- amended, be considered read a third tion’s great bodies of water, such as erans in Kansas and in Missouri who time and passed, and the motion to re- the Great Lakes, Everglades, Lake sought the care and treatment of a consider be considered made and laid Tahoe, the Delaware River Basin, and physician’s assistant and who relied upon the table. more. Not to mention this bill contains upon the VA to provide that care for The PRESIDING OFFICER. Is there critical projects for reducing the risk them. In fact, Mr. Wisner was never objection? of flood damage, as well as maintaining discharged from the VA; he resigned a The Democratic leader. our navigational waterways and har- month after the conduct was reported Mr. REID. Reserving the right to ob- bors. But I must recognize that this to the inspector general. Veterans have ject, we have to be back here in 2 hours bill is flawed and imperfect. I was very now sued Mr. Wisner in court, and at anyway. I would ask my friend if he disappointed to see last-minute least a dozen veterans are seeking re- would be willing to come to the floor at changes to provisions that threatened dress, and criminal proceedings are about 10 minutes to 10 again to renew the bill’s strong, bipartisan support. pending in the District Court of Leav- his request. I have a few calls I need to The WRDA bill passed the Senate by enworth County, KS, against Mr. Wis- make to make sure the matter about a vote of 95–3 just a few months ago, ner. which this side has raised a concern is but these new changes to the text One of the things the veterans who valid. threaten to dismantle that support. We have called our office to talk about So if Senator MORAN would be willing must make tough decisions in Con- this circumstance—and we believe to come back in a couple of hours, we gress, and the vote on this compromise there are many other veterans who can take a look at it. bill will certainly be a hard choice for have suffered the consequence of this Mr. MORAN. I appreciate the re- several of my colleagues. But I would sexual abuse by a VA employee who is marks of the distinguished leader, and ask you think hard about the balance a health care provider—one of the con- I am happy to accommodate. of this bill and measure all the benefits sequences has been phone calls to our The PRESIDING OFFICER. Is there of the many positive provisions. And I office asking for our help. One of the objection to the request? would ask you to think about our re- common conversations is: It is so dif- Mr. MORAN. Mr. President, based sponsibility to care for communities in ficult for me to get my pension, my upon the conversation and dialogue crisis. benefits from the VA. Why would Mr. that occurred with the Senator from We will soon have a chance to deliver Wisner, if convicted of these crimes, re- Nevada, I withdraw my unanimous con- on a long-standing promise for some ceive his? sent request. I will renew my request

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.103 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6989 later and look forward to the majority crease energy exports from the United FERC, this government shouldn’t be leader being present at that time. States. in the business of picking winners and The PRESIDING OFFICER (Mr. This Senate has made great progress, losers. Yet that is what it continues to CRUZ). The request is withdrawn. this Congress has made great progress do. Jordan Cove has tremendous bipar- The Senator from Colorado. when it comes to exporting energy. In tisan support. Republicans and Demo- UNITED STATES ENERGY fact, earlier this year, we allowed for crats alike believe that facility is im- Mr. GARDNER. Mr. President, over the export of crude oil for the first portant to Japan, that facility is im- the past several years, we have heard time since Jimmy Carter made it important to opportunities in Korea, that from our allies around the globe about possible decades ago. We also know we facility is important to our allies the need for U.S. energy. The fact that continued to work on LNG Exports ex- throughout Asia, throughout the West, the United States can produce abun- pediting the permanent approval proc- and it is my hope that as this process dant and affordable energy is the envy ess for LNG terminals. Legislation that moves forward, we can get a deep ex- of the world, and allies from Eastern was included in the Energy bill would pression and understanding from FERC Europe to Asia look at the United have allowed those approvals, required about why they continue to deny these States as a place where they can those permits to be approved in an ex- jobs, deny these opportunities. achieve and get that abundant, afford- pedited fashion. Unfortunately, the En- The demand is there. The need is able energy supply they need to help ergy bill did not get approved. It does there. The economics are there, and we grow their economy so our allies aren’t not look like it is going to move at the certainly need the jobs there in Colo- dependent on countries in the Middle end of this Congress, but I certainly rado with the approval of this pipeline East that aren’t necessarily friendly to hope it will next year, and I certainly and that facility at Jordan Cove. them for their energy supply and en- hope we will get language expediting I thank you for the time this ergy sources. LNG terminals. evening, and I certainly hope we can at When it comes to energy production, One of the most clear outrages, least make some progress over the next we know across this country the shale though, of this administration’s poli- few years with people in agencies and revolution has created hundreds of cies over the last year—8 years has people in commissions who believe in thousands of jobs. In my home State of been its outright hostility to energy the American economy instead of the Colorado alone, it has created over development. Unfortunately, many of American bureaucracy. 100,000 jobs. It is an incredible oppor- our commissions and agencies in our Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- tunity that we have to gain North government continue to reflect that ator from Nevada. American energy independence and se- hostility toward the development of curity. our energy resources. ACCOMPLISHMENTS OF THE 114TH CONGRESS Let’s just take a decision that was We also know we have an overabun- Mr. HELLER. Mr. President, as we announced mere hours ago as it relates dance of natural gas supplies right approach the end of this Congress, I to Jordan Cove. Once again, FERC de- now. At the very same time that our rise to discuss not only what we have nied the application of Jordan Cove to allies are asking for American energy accomplished in this Chamber but also exports, shutting down their pipeline, supplies, we have an abundance of specifically what we have accomplished preventing them from getting the re- American energy. Especially in the for the State of Nevada. I am especially sources they need to open the facility Rockies, we have the potential for an proud that many of my priorities have to be able to export to our allies in been able to move forward to help Ne- asset to become stranded—an asset Asia. vadans thrive—from veterans to health that we can produce a lot of but lack They claim that Jordan Cove has not care, to infrastructure. the markets to send it to. demonstrated a market. They don’t These accomplishments prove that As energy developments have oc- have enough of a market proven to ap- this majority was prepared to work and curred in the Northeastern part of the prove the pipeline necessary to feed the produce lasting results. I look forward United States, we have seen that terminal to export to LNG. Jordan to advancing even more priorities that Northeastern States are now able to Cove has substantial customer base in benefit Nevada in the 115th Congress. get their energy resources, natural gas, Asia. They have proven it to FERC. As a member of the Senate Committee and others, from right in their back- This is nothing but the continuation of on Veterans’ Affairs, I have been proud yard instead of relying on the Western a denial in March that FERC made to to advocate on behalf of Nevada’s brave United States. Those of us in the West shut down exports of LNG, to shut heroes. My focus has always been on have urged the construction of LNG down our ability to get energy out of issues impacting Nevada’s veterans terminals in the gulf along the west the Rockies and send it to our allies in most. I will give you some examples: coast so we can export that natural gas the West. guaranteeing our veterans have access through LNG terminals to our allies Over the next several years, luckily to care, ensuring they receive care who desperately need it. we will be asked to confirm a number quickly, working to hire more VA doc- That not only gives our allies the en- of nominees from commissions and tors, providing health care for rural ergy they desire, but it also makes sure agencies across the government, in- veterans, and addressing the disability we can continue producing energy in cluding FERC. It is my hope this body, claims backlog we have been working Colorado and the West and not result as it looks to these nominations and on for years. in a stranded product that can no approvals, will start asking some very In this Congress, there has been a lot longer go east but has an outlet to the difficult questions to those people who of progress. As a cochair of the Senate west. Because of this demand by our al- are going to be filling these commis- VA Backlog Working Group, I have lies and because of the incredible suc- sions about whether we are serious been holding the VA’s feet to the fire cess we have had producing that en- about energy production in the United on the disability claims backlog. The ergy, the Jordan Cove LNG terminal States and whether we are serious VA has adopted many of the working has been proposed for construction in about allowing States such as Colorado group’s policy recommendations, and Oregon. Jordan Cove would provide an the ability to produce energy and then this pressure has helped reduce the outlet for Colorado and other States’ to export it to our allies around the backlogs from 405,000 claims in 2014 to energy productions to have an outlet globe. 92,000 today. to Asia. If people—like FERC right now—have Although, clearly, there is much I am chairman of the East Asia Sub- their way, their answer is, no, shut it more room for improvement, Nevada’s committee on Foreign Relations. When down, keep it in the ground. That is ex- veterans are far better off submitting a I visited across and throughout the re- treme and an activist point of view, claim to our Nevada VA Regional Of- gion, one of the key conversations I and it is an outrage. It is denying the fice today than they were 2 years ago. have had with leaders, government people of Colorado economic oppor- Nevada was once the worst in the Na- leaders, and business leaders in those tunity. It is denying the people in the tion and now it is in the top 25 percent nations is the conversation sur- West economic opportunity, and it is for performance. rounding energy, and they talk about letting the government decide what is Another issue plaguing veterans in what we can do to expedite and to in- right and wrong in the marketplace. Nevada and nationwide is VA doctor

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.087 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6990 CONGRESSIONAL RECORD — SENATE December 9, 2016 shortages. It is hard for VA to recruit the Water Infrastructure Improve- Transparency Act. This legislation re- and retain medical professionals, and ments for the Nation Act. Included in quires more transparency of the Medi- that impacts how quickly our veterans that package is a bill I sponsored and care Advantage and prescription drug can get their care. have been working on with my Nevada benefits enjoyed by seniors throughout I have asked the Government Ac- and California colleagues for nearly a the State. countability Office to examine the decade—the Lake Tahoe Restoration It will also ensure that these benefits VA’s current policies for recruitment Act. This initiative will reduce wildfire continue to provide meaningful cov- and retention and report back to me on threats, jump-start transportation and erage to seniors and will help us pro- what improvements can be made. I infrastructure projects, combat evasive tect important health care benefits for look forward to receiving that report species at Lake Tahoe, and ensure the current and future retirees. next year and enacting to ensure we jewel of the Sierras is preserved for More than 30 percent of Nevada’s sen- address this issue that affects urban generations to come. iors enjoy their Medicare Advantage areas, such as Las Vegas, and our rural It also includes a provision I crafted benefits, and enrollment continues to veterans in Elko, Ely, and with Senator HEINRICH that improves grow in my State. Successfully passing Winnemucca. the water security of rural western a number of health care bills will sure- When it comes to bringing high-qual- communities. I hope my colleagues will ly set the tone early next year when ity care to Nevada, I am also proud agree to quickly take up and pass this the united Republican government fi- that the VA finally opened a brandnew critical, important legislation for my nally repeals ObamaCare. VA clinic in Pahrump. While there State, sending it to the President’s I am optimistic that with a willing have been many positive steps forward desk before the end of the year. partner in the White House, we can for Nevada’s veteran community, clear- With a new majority in the Senate, build on these successes. I plan on ly there is more to accomplish in the we were also able to make good on a using my role on the Senate Finance next Congress. number of promises to the American Committee; Senate Commerce, In fact, I am working to pass legisla- people on the health care front. First Science, and Transportation Com- tion through the Senate right now that and foremost was being able to be send mittee; and the Senate Committee on would bring greater accountability to an ObamaCare repeal bill to the Presi- Veterans’ Affairs to tackle the chal- the VA by reporting each year on bo- dent’s desk within the first year of our lenges facing Nevadans across the nuses awarded to critical positions like new majority. One of my top priorities State. VA hospital directors. in our ObamaCare repeal efforts was to I know we will do everything in our We still have a 20-percent disability repeal the 40-percent excise tax on empower to protect our constituents’ ac- claims backlog and a growing appeals ployee health benefits. cess to care as we transition out of backlog. The VA Choice Program must In Nevada, 1.3 million workers who ObamaCare and into a new era of a 21st be revisited in 2017 for reauthorization have employer-sponsored health insur- century care system that works for pa- and improvements. The VA still strug- ance plans will be hit by the Cadillac tients. gles to fire employees who are poorly tax. I knew the devastating impact this I know we will honor our veterans by performing. Rural veterans still strug- tax would have on Nevadans, but I also improving the quality of care and bene- gle to find doctors to serve in their knew that in order to get anything fits they have earned. We will invest in roads, bridges, clean area. These are priorities for Nevada’s done, we needed a bipartisan effort. My water, a modern and reliable elec- veterans that I am committed to ad- friend Senator HEINRICH from New tricity grid, telecommunications, and vancing every day that I am in the U.S. Mexico and I teamed up to successfully other pressing domestic infrastructure Senate. include a delay of the Cadillac tax in I am also particularly proud of the needs. the omnibus bill at the end of last I look forward to working with my work we have done in the 114th Con- year. Rest assured, I will continue to colleagues in the U.S. Senate on these gress on infrastructure. Those efforts fight for a full repeal in the next Con- important priorities in the coming yielded major results for the State of gress. year. Nevada. Last year, we enacted the first This week, we were able to pass the I thank the Presiding Officer and long-term highway bill in nearly a dec- 21st Century Cures Act, which has a 2- yield the floor. ade called the Fixing Americans Sur- year process to work in a bipartisan I suggest the absence of a quorum. face Transportation Act, or better way to advance medical research and The PRESIDING OFFICER. The known as the FAST Act. clear out government redtape at the clerk will call the roll. This 5-year bill provides States with Food and Drug Administration. I was The bill clerk proceeded to call the resources and the tools to advance very pleased two of my bills that focus roll. high-priority projects, such as the new on mental health and protecting sen- Mr. SHELBY. Mr. President, I ask Interstate 11 connecting Phoenix to iors’ Medicare benefits were included unanimous consent that the order for Las Vegas, the Carson City freeway, in this health care package. the quorum call be rescinded. and the widening of the Las Vegas First, my bill, Bringing Postpartum The PRESIDING OFFICER. Without busiest freeway, Interstate 15 in Las Depression Out of the Shadows Act, objection, it is so ordered. Vegas. was included in the mental health title UNANIMOUS CONSENT REQUEST—H.R. 3394 The bill also included in my top in- of the bill. After working with mental Mr. SHELBY. Mr. President, I will frastructure priorities the expansion of health care providers in my home take just a few minutes. I rise to call Interstate 11 to Northern Nevada. I State, I learned that Nevadans lack ac- up for consideration H.R. 3394, the have been working for years to improve cess to the appropriate treatment, CAPTIVE Act. I have long advocated mobility from Las Vegas to Reno. Sur- screenings, and community support for the Senate to pass the CAPTIVE face transportation projects like these needed to provide effective care for new Act, which passed the House by unani- spur economic development opportuni- mothers struggling with postpartum mous consent in July. ties. It reduces congestion and in- depression. In 2003, a group of Department of De- creases safety—the recipe for creating I worked with Senator GILLIBRAND fense contractors were on a counter- short-term jobs and long-term eco- and HELP Committee Chairman ALEX- narcotics mission in Colombia when nomic growth. ANDER on this important piece of legis- their plane crash-landed. These Ameri- In July, the FAA Extension, Safety, lation, which builds upon existing cans were captured by members of the and Security Act was enacted into law. State and local efforts by providing Revolutionary Armed Forces of Colom- This important legislation imple- targeted Federal grants to assist bia, which we know as FARC, which is mented important reforms that make States in developing programs to bet- a violent guerrilla group that is heav- U.S. air travel safer, more efficient, ester screen and treat maternal depres- ily involved in drug trafficking. sential to tourism destinations, such as sion. My fellow Alabamian Thomas J. Las Vegas, Reno, and Lake Tahoe. Another bill we were able to pass as Janis, the pilot of the plane, tragically Again tonight, we will debate yet an- part of the Cures Act was my legisla- lost his life at the hands of these ter- other important infrastructure bill— tion, the Medicare Advantage Coverage rorists on February 13, 2003. The three

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.090 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6991 other Americans abroad the flight were Mr. SHELBY. Madam President, I is—because we have at play here a bat- kidnapped, held hostage, and tortured suggest the absence of a quorum. tle between the salmon fishermen and for more than 5 years until they were The PRESIDING OFFICER. The that industry and its iconic species and finally rescued by the Colombia mili- clerk will call the roll. all it provides to the Northwest and tary. These heroes are now seeking jus- The senior assistant legislative clerk the agricultural growers of the Central tice for themselves and their families proceeded to call the roll. Valley. against those who carried out unthink- Mr. MERKLEY. Madam President, I It isn’t as if the growers in the Cen- able acts of violence. ask unanimous consent that the order tral Valley haven’t benefited from tak- The CAPTIVE Act is simple. It would for the quorum call be rescinded. ing water from north California—from make it easier for all U.S. victims of The PRESIDING OFFICER. Without the northern rivers; they have been terrorism to recover court-awarded objection, it is so ordered. doing it for decades. They have been in- damages. I believe that the family of WRDA creasing the amount of water for dec- Tom Janis and all of the victims of ter- Mr. MERKLEY. Madam President, I ades. Now they are asking to use this ror deserve nothing less than for the rise to share a few thoughts on the drought, through this California Senate to swiftly pass the CAPTIVE Water Resources Development Act, or, drought bill, to give them authority to Act. I urge my colleagues to join me in as it is referred to, the WRDA Act. This take even more water despite a nega- supporting that. is a bill which has a tremendous num- tive impact on the salmon. I ask unanimous consent that the ber of water projects across America That is why I am troubled, and there Senate proceed to the immediate con- that in general will work to make are some key provisions that I thought sideration of H.R. 3394, which was re- many communities’ economies work are worth talking about specifically ceived from the House; I further ask far better. These are widely distributed because some folks have come to this that the bill be considered read a third across the country, and they are widely floor and said: Don’t worry, be happy. time and passed and the motion to re- needed. It was worked out through a Nothing in here is going to change the consider be considered made and laid tremendous amount of effort on the provisions and applications of the bio- upon the table. Senate side and on the House side. logical opinions that control how we The PRESIDING OFFICER (Mrs. There are certainly projects there I make sure we sustain a healthy envi- ERNST). Is there objection? have fought for that will be of assist- ronment for the fish. Others have come The Senator from Ohio. ance on the Columbia River and to the and said: Don’t worry, there is nothing Mr. BROWN. Madam President, re- tribes who were affected by the dams that changes the application of the En- serving the right to object, I share Sen- on the Columbia River and on the dangered Species Act. But unfortu- ator SHELBY’s and other colleagues’ WIFIA, the Water Infrastructure Fi- nately that is just not accurate. I strong desire to ensure that this small nance and Innovation Act—a vision I thought I would give some insight into group of Americans who suffered such have been working on for years to put how this works. violence at the hands of FARC is com- in place. Section 4001 in the bill provides an pensated for their ordeal. Earlier this All of that is very good, but I have opportunity to bypass biological opin- week, at the behest of Senator NELSON real concerns about a provision that ions by setting up a pilot project and and others, I met with some of those was airdropped into the conference. then studying the outcome of the pilot former hostages. I heard of their suf- This is not just a little one-sentence project. It uses the pilot project as a fering firsthand. I have read about it. I rider; this is 90 pages called the Cali- way to do an end run around the bio- have talked to them. I cannot imagine fornia Drought Act. logical opinions and the Endangered what they went through. While the vic- Picture the big vision here. For Species Act. tims have already received a portion of years, the Central Valley of California Just to share a little bit of the lan- the compensation awarded them by has been a massive consumer of water guage, quoting directly from the bill, Federal courts—around $16 million so for agriculture. We have had years of ‘‘[T]he California Department of Water far—out of a total of $318 million drought. During those years that the Resources . . . [will] implement a pilot awarded, they still have a long way to Central Valley was a massive consumer project to test and evaluate the ability go. of water, they planted a lot of crops to operate the Delta cross-channel The administration, including the that consume a lot of water. Crops like gates daily or as otherwise may be ap- Treasury Department, which overseas almonds—it takes a gallon of water for propriate to keep them open to the our efforts to combat the narcotics every almond. There are crops like greatest extent practicable . . . and trafficking that is having such a dev- rice, where you have to flood the maximize Central Valley Project and astating impact on our country and paddies of rice and there is massive State Water Project pumping.’’ others around the world, has expressed loss to evaporation. But the agricul- Here is the thing. What you have is a serious concerns that the CAPTIVE tural community there wants to con- river coming down, and salmon that Act would undermine our successful tinue growing the same crops even are coming back from the ocean swim anti-narcotics efforts. throughout the drought, and so they up that river in order to spawn. But I want to help these victims. It is ter- are looking for ways to pull more along the way are these gates that con- rible what happened to them. They water out of the Northern California trol water that can move into the delta were trying to serve our country—they rivers and ship it to the Central Valley. toward the Central Valley. If those were serving our country when this Why is this a concern? This is a con- gates are opened, the salmon, instead happened. But I have serious concerns cern because these rivers in the north- of going upstream to spawn, get di- about this legislation written in this ern part of the State are key rivers for verted, and it has a big impact on the way, how it would undermine success- salmon. If you drain these rivers to ful- species, so those gates are kept closed ful anti-narcotics efforts. fill the water needs of the Central Val- in order to protect the success of the Since the administration’s concerns ley, you will do enormous harm to the spawning salmon. and the risk to our anti-narcotics ef- salmon and to the salmon fishermen. This basically says: Do a pilot forts have not been addressed—and I When salmon go downstream and project and open the gates. Then it pro- think we can address them, I hope head out to sea for 5 or 6 years, they ceeds to say that what we will do about early in January once we have coordi- swim north. They have a huge impact that is to collect data on its impact. I nated and gotten this information in a and role to play off the Oregon coast will quote again: way to present it back to Congress in and off the Washington coast. That is [W]ith respect to the operation of the another piece of legislation that pre- why during the course of this debate Delta cross-channel gates described in (1), serves these anti-narcotics efforts and you have seen two Senators from collect data on the impact of that operation at the same time fulfills our commit- Washington State, MARIA CANTWELL on . . . species listed as threatened or endan- ment to compensation. But because of and PATTY MURRAY, talk about how gered. all of that, I must object. concerned they are and why you have So it is a direct impact on the Endan- The PRESIDING OFFICER. Objec- seen my colleague from Oregon, RON gered Species Act. It gives permission tion is heard. WYDEN, talk about how concerned he through this so-called pilot project to

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00061 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.092 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6992 CONGRESSIONAL RECORD — SENATE December 9, 2016 open the gates and then to collect data and so it very much affects the biologi- such a profound objection from Senator on how much harm it does to the fish. cal opinion and very much affects the BOXER of California, from Senator That is very unlike the information Endangered Species Act. MURRAY of Washington, from Senator that has been presented by some on There is a way that this can be over- CANTWELL of Washington, from Senator this floor. ridden recent, but not by challenging it WYDEN of Oregon, and from me is that Here is another provision within the in court—the only way it can be over- this is a blueprint for running over the 4001 section. It instructs adoption of ‘‘a ridden is if the Secretary of the Inte- top of carefully crafted biological opin- 1:1 inflow to export ratio for the incre- rior or the Secretary of Commerce ions designed to prevent the extinction ment of increased flow,’’ and it gives a shall document in writing that it is of key species. In this case, it is not bunch of details about that, and it says going to go have a very bad impact. So, just the extinction. It is also a key this must happen ‘‘unless the Sec- again, this is giving no recourse to commercial enterprise—the salmon in- retary of the Interior and Secretary of those who see enormous damage to the dustry. Commerce determine in writing that a fish because they have no power. All So I am offended that this overrun of 1:1 inflow to export ratio for that incre- the power is given to the Secretary of the salmon, this permission slip to ment of increased flow will cause addi- the Interior and the Secretary of Com- drain the rivers of the north to feed the tional adverse effects.’’ merce. Central Valley, is being presented as It doesn’t say you can do this 1:1 flow Let’s go to another section, 4003. The having no impact on the biological unless it causes adverse effects; it says language itself essentially says that opinions for the Endangered Species you can’t do this 1:1 flow unless the the Central Valley projects and the Act. It is a full-fledged bulldozer run- Secretary of the Interior and Secretary State water projects should take the ning over the top of the poor protec- of Commerce say it will cause bad ef- absolute maximum flow rate that is al- tions for the salmon. fects. So essentially here is another lowed and then go beyond that. This is a terrible precedent for Con- end run around the biological opinion In section 4002, it was like: Here is gress because each time an industry is and around the Endangered Species Act the range. Take the top end of the threatened, there will be those who by just giving the Secretary of Com- range. Don’t use your scientific judg- will point to this precedent and say: merce and Secretary of the Interior of ment about where you should really be Look, when the almond farmers were the incoming administration the power to protect the fish and the salmon in- threatened because they didn’t have to just let this water be diverted unless dustry. This one says: Here is the range enough water in the Central Valley, we they act. That is not something that from here to here, but you have to go gave them permission to destroy the can be challenged in court because further, take even more. This is almost salmon. So when something else is there is no standard being applied for unbelievable. I have never seen any- threatened, let’s give permission to run violating the biological opinion, no thing like it. over some other aspect of the Endan- standard being applied for violating the I will quote: ‘‘authorize the Central gered Species Act or some other aspect Endangered Species Act, except the Valley Project and the State Water of the biological opinion. This is an un- opinion of the Secretary of the Interior Project, combined, to operate at levels acceptable precedent for anyone who and the opinion of the Secretary of that result in OMR flows more nega- cares about the balance between our Commerce. tive than the most negative reverse commerce and the diversity of species Those two things are in section 4001. flow rate prescribed by the . . . biologi- in our States and other competing in- Let’s turn to section 4002. cal opinion.’’ dustries. This is not just almonds Section 4002 says essentially there is So when some of my colleagues have against the survival of a species; it is a range at which a biological opinion come to this floor and said this doesn’t almonds against 20,000 fishermen who allows you to drain a river. When you affect the biological opinion a bit, yes depend upon the salmon runs that will normally think of water being taken it does. It says it in plain language. be so grievously impacted by this bill. out of a river, you picture the river Here is the opinion; you have to be be- So I encourage folks to read it. Read flowing down, and maybe there is a tween here and here. And the law, if the fact that it lays out specific in- place where some of that water is passed, if adopted, says: No, no, no. Go structions that require the maximizing pulled out of the river, but the rest of further, go beyond the range of the bio- of water beyond the highest levels al- the river keeps flowing on down. But in logical opinion. ready existing within a biological opin- this case, the amount of water taken This language is unambiguously in- ion. This is wrong. out is called a negative flow because it consistent with the requirements of I will be opposing closing debate on actually ends the river. It pulls the the biological opinion. It just says in this bill because this air-dropped provi- water back. That is very dramatic. plain, straight language: Ignore it. Go sion did not go through the House side, This bill has specific instructions, beyond it. and it did not go through the Senate and in that range of possibilities that It also says that these transfers side. It sets a precedent that should be might be considered within a biological through delta water for the State fully debated in committee. The Amer- opinion, they are instructed to pump at water project can occur even if they ican people should have a chance to re- the maximum rate, a rate that will not violate the 1992 Central Valley Im- spond and know about this air-dropped be less negative ‘‘than the most nega- provement Act—even if they violate it. provision—an attack on the Pacific tive reverse flow’’—I am reading from So what is in that section (a)(1)(H) of salmon—before this Chamber votes on this bill—‘‘the most negative reverse the Central Valley Improvement Act this bill. flow rate prescribed by the . . . biologi- that can be violated? I pulled up that Thank you, Mr. President. cal opinion.’’ language. Let’s just check this out. It I suggest the absence of a quorum. So they are instructed specifically refers to contractual obligations or fish The PRESIDING OFFICER. The not to find the right space within the and wildlife obligations under this clerk will call the roll. judgment of the scientists and the bio- title. The legislative clerk proceeded to logical opinion, but if there has been So, in other words, this bill says you call the roll. an estimate—as it could be from here can ignore the obligations related to Mr. MCCONNELL. Madam President, to here—to take the very maximum fish and wildlife. So, once again, we see I ask unanimous consent that the order rate, and this rate is so high that it a provision aimed at ignoring the im- for the quorum call be rescinded. causes this negative flow of water, pact upon fish or upon wildlife and au- The PRESIDING OFFICER. Without which is why they talk about rivers thorizing the raiding of water from objection, it is so ordered. running backward to feed water to the Northern California for more almonds THE 114TH CONGRESS Central Valley. in the Central Valley. Mr. MCCONNELL. Madam President, So that is a precise instruction that Now, 20,000 people work in the salm- the day after the election I said that changes the normal application and on industry, and a huge part of this are we had two main priorities for this work of scientists who are evaluating the salmon that come out of these postelection session of the Senate: Pass the effect, under all the various condi- streams—streams that are already the 21st Century Cures bill and fund tions, of how much water to pull out, compromised. So the reason there is the government.

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00062 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.093 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6993 We passed the Cures bill already, and ing a team that is second to none, U.S. Senate. The ones we do today and we will be voting shortly to keep the every member of which I would thank possibly tomorrow will write my final government running. Soon after that individually if I could, I say thank you. chapter as a voting Member of the U.S. vote, we will pass the bipartisan water To the floor staff, Laura Dove and Senate. resources bill, which directs assistance Gary Myrick and their teams, for keep- I am very proud to be the first to families in Flint and supports im- ing the floor running, for running it woman and the first Marylander to portant waterways projects in nearly smoothly, and for making it look ef- chair the Appropriations Committee. I every one of our States. It is testament fortless every single time—even though am going to thank my fellow members to the hard work of so many and Chair- we know it is anything but; to the Par- of the Appropriations Committee and man INHOFE, in particular. liamentarians and clerks who sit on especially Chairman COCHRAN, who has Under the leadership of Chairman the dais whenever the Senate is in ses- been my friend and ally on moving MCCAIN, this week we also passed the sion, making sure our operations are these bills forward. Defense authorization conference re- smooth and by the book; to the Sec- I wish to also express a special port, which addresses many of the na- retary of the Senate and her team for thanks to my colleague and partner on tional security challenges facing our protecting the rich history of this body the Commerce-Justice Subcommittee, country. I would also like to point out and for overseeing so many different Chairman RICHARD SHELBY, for his that the Cures bill, which passed ear- legislative and administrative oper- steadfast advocacy for the important lier this week, simply would not have ations, I say thank you to all of these needs facing this country. happened without Chairman LAMAR folks. The Appropriations Committee is a ALEXANDER. And it is impossible to Off the Senate floor there are so problem-solving committee. Our mark- overlook the unending, unyielding many more to thank too: the Capitol ups are vigorous and rigorous, but at work of Senator MURKOWSKI on the En- Police, for putting themselves in the end of the day, we do try to find ergy bill, as well, or our indispensable harm’s way to protect everyone who compromise without capitulating on Finance Committee chairman, Senator works in or visits this institution; the our principles. That is why I wish I was HATCH, who has been involved in al- Sergeant at Arms staff for overseeing a standing here today presenting the most every bill from the doc fix to the dizzying range of efforts—from setting Senate with a full-year funding bill in- tax extenders that come through this up rooms and enacting security proto- stead of a temporary bill through April Chamber. cols to preparing for next year’s inau- 28. I would like to note the great work of guration; the Architect of the Capitol Throughout the year, I have come to the Appropriations Committee, specifi- staff, which is always hard at work the floor seeking additional funding for cally for its efforts to ensure that indi- making the Capitol the best it can be— fighting heroin and opioid abuse, help- vidual bills and an omnibus were pre- from the conservation of these illus- ing the people of Flint, MI, and also pared for consideration. We know they trious hallways to the extensive res- dealing with the Zika response treat- have been putting in long hours, espe- toration of the Capitol dome; and to ment. I am happy to report to my col- cially this week, and for that we are literally countless others: the door- leagues the Zika bill did pass in Sep- certainly thankful. keepers, the legal counsels, the com- tember, and this continuing resolution This Congress, the Senate has passed mittees and their staff, the pages, and would have done all three. nearly 300 bills, and nearly 200 of those all those whom I have not mentioned, This bill includes important needs for are now law. But what really matters we appreciate what you do. Please our country. First of all, it meets our isn’t the number of bills passed; it is know that your service and your dedi- national security needs. There is fund- what we can achieve on behalf of the cation does not go unnoticed. ing in here for our troops overseas and American people, and by that standard, Let me also again recognize the money to enhance humanitarian relief I am incredibly proud of what we have Democratic leader for his more than and also very crucial needs related to been able to accomplish for our coun- three decades of service. As I said yes- embassy security. There are also other try. terday, HARRY and I clearly have had needs facing the people, and this goes Over the past week I have had the op- some different views on many things to the disaster relief for victims of portunity to pay tribute to many col- throughout the years, but we have floods and Hurricane Matthew. While leagues who have made such a lasting shared similar responsibilities as the we are looking at the disasters of impact on the Senate during their ten- leaders of our respective parties, and I floods and hurricanes, there is also ure. But as the 114th Congress comes to think we can both agree that none of help for Flint, MI—$170 million, subject a close, I would like to take a moment this would have been possible without to authorization. to recognize another set of individuals the support of our staff. I want to rec- We also looked at the other chal- whose work makes the business of the ognize HARRY’s team, past and present, lenges facing our communities. One of Senate possible in the first place. and thank them for many years of the things we see is the big challenge It goes without saying that keeping partnership with my office. of opioid abuse. I have heard it in my the Capitol running is a vast under- We now turn the page on one Con- State and from my Republican Gov- taking. It requires a passion for serv- gress and get ready to write a new ernor. I know the Presiding Officer has ice, round-the-clock work, and great story in a different one. heard it in the great State of Iowa, and sacrifice by everyone employed. The I am proud of the work this Repub- this terrible scourge and challenge legislative process simply wouldn’t be lican-led Senate has done the past 2 knows no party, nor any geography, possible without the dedicated work of years. My colleagues should be proud of and we have an important downpay- so many. On behalf of the Senate, I their work as well. It has been incred- ment in fighting that with $500 million. would like to acknowledge their efforts ible to see what we have been able to Also in the Cures Act, there is money and say thank you to the following: achieve already. We know our work to deal with the dreaded ‘‘c’’ word, can- To my leadership team for their wise doesn’t end here, though, and I know cer. With the advocacy of the Vice counsel; to our committee chairs and each of us is eager to get started in the President and again working across the ranking members for so much great 115th Congress. For now, I want to aisle and across the dome, we have work over the past 2 years; to the thank my colleagues for a productive come up with something called the many, many colleagues in both parties Congress, and I want to wish each of Cancer Moonshot. In other words, if we for working so hard to make this Sen- you a happy holiday season and a could send someone to the Moon and ate a success; and, to those we are say- happy New Year. return them safely, as our beloved ing farewell to—Senators COATS, The PRESIDING OFFICER. The Sen- John Glenn pioneered, then we can also BOXER, MIKULSKI, REID, VITTER, KIRK, ator from Maryland. have a Moonshot to find a cure for can- and AYOTTE—for your service to our Ms. MIKULSKI. Madam President, I cer. I am so pleased that as we wrap up country, I say thank you. rise for a final time as the vice chair of our time here that that is there, al- To my chiefs of staff, Sharon the Appropriations Committee. To- though I am disappointed the funding Soderstrom and Brian McGuire, for night, as we get ready to vote, these for Flint is subject to authorization in their indisputable talent and for lead- will be the last votes I will cast in the the Water Resources Development Act

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.095 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6994 CONGRESSIONAL RECORD — SENATE December 9, 2016 and that the extension of the miners’ Today, as I bring this bill—the con- The PRESIDING OFFICER. By unan- health benefit lasts only through April tinuing resolution before the Senate—I imous consent, the mandatory quorum 30. I believe promises made should be say to you, I ask you to vote for the call has been waived. promises kept, and the miners deserve continuing resolution. It has parity for The question is, Is it the sense of the permanent extension of these benefits. defense and nondefense. It doesn’t have Senate that debate on the motion to I also support Senator MANCHIN’s ef- poison pill riders, and it has additional concur in the House amendment to the forts on his behalf. money for Flint, heroin, and opioid Senate amendment to H.R. 2028 shall I am disappointed our Republican abuse. This continuing resolution ac- be brought to a close? colleagues wrote the CR behind closed complishes the goals we set out for this The yeas and nays are mandatory doors and that we began to have to year. I am sorry that it only funds the under the rule. fight between coal miners versus Flint, government to April. The clerk will call the roll. MI, and others, pitting one group This is my last set of votes. I hope The bill clerk called the roll. against another. I hope we can have a you vote for the continuing resolution, Mr. CORNYN. The following Senator different approach in the next Con- and I hope in March, with the good is necessarily absent: the Senator from gress. I will not be here, but I am here work of Senator LEAHY, who will then Arkansas (Mr. COTTON). now as we try to finish this work. be the Democratic vice chair of the Ap- The PRESIDING OFFICER (Mr. We hear a lot of Washington words, propriations Committee, working with RUBIO). Are there any other Senators words that people don’t understand— Senator COCHRAN, who is so able and so in the Chamber desiring to vote? CR, stopgap, shutdown. I want to talk skilled and yet such a man of principle, The yeas and nays resulted—yeas 61, about what appropriations are, not in you will be able to arrive at a full-year nays 38, as follows: the technical bills but saying that we funding for the Appropriations Com- fund government doesn’t mean any- [Rollcall Vote No. 160 Leg.] mittee. YEAS—61 thing. It means that we tried to find I do hope in the next Congress we do solutions, we tried to make sure we return to regular order. This com- Alexander Fischer Reed stood up for national security, that we Ayotte Flake Risch mittee is capable of it if the Senate is Baldwin Gardner Roberts promoted economic growth, and that capable of it. In other battles, I have Barrasso Grassley Rounds we met compelling human needs and always said to my colleagues, and you Bennet Hatch Rubio Blunt Heinrich invested in what we as a nation value. know this when I have said to the Scott This appropriations bill does pay for Boozman Hoeven Sessions women of the Senate: Let’s put our lip- Burr Inhofe Shaheen our troops in the field and the people Cardin Isakson stick on, square our shoulders, and get Shelby back home to make sure they have the Cassidy Johnson out there and fight. Stabenow equipment and supplies they need to do Coats King As we get here to vote on this con- Cochran Kirk Sullivan their job. It also supports diplomacy, tinuing resolution, my final sets of Collins Leahy Tester Thune our Foreign Service Officers, and also votes, I want the people of Maryland to Corker McConnell Cornyn Mikulski Tillis our foreign aid to make sure we meet know and the people of America to compelling human needs in our own Crapo Moran Toomey know, I have my lipstick on, my shoul- Daines Murkowski Udall country and around the world. ders are squared, and I am ready to get Donnelly Murray Vitter It does fund the Homeland Security, out there and vote, and although this Enzi Nelson Whitehouse while at the same time looking out for Ernst Perdue Wicker will be my last fight in the U.S. Sen- our Coast Guard, clearing the ice and Feinstein Peters ate, it will not be my last fight to help keeping our ports open. It is the FBI, NAYS—38 and here we make a downpayment on America be the great country it is. God bless you, God bless this honor- Blumenthal Graham Merkley the new, much needed FBI facility to Booker Heitkamp Murphy able body, and God bless the United meet the new changes they have— Boxer Heller Paul States of America. Brown Hirono fighting domestic terrorism and cyber Portman Madam President, I yield the floor. Cantwell Kaine Reid security. (Applause, Senators rising.) Capito Klobuchar Sanders We all want to put people back to The PRESIDING OFFICER. The ma- Carper Lankford Sasse work. That is why the Appropriations Casey Lee Schatz jority leader. Coons Manchin Schumer Committee does make investments in Cruz Markey Mr. MCCONNELL. Madam President, Warner transportation because we know trans- Durbin McCain I ask unanimous consent that the man- Warren portation not only moves goods and Franken McCaskill datory quorum be waived. Gillibrand Menendez Wyden cargo, but it provides good jobs today: The PRESIDING OFFICER. Without airports, seaports, roads, bridges, tran- objection, it is so ordered. NOT VOTING—1 sit, and rail. Mr. MCCONNELL. I yield back time Cotton To develop new ideas, we need to con- on our side. The PRESIDING OFFICER. On this tinue to lead the way. That is why we The PRESIDING OFFICER. Without vote, the yeas are 61, the nays are 38. have made major efforts in innovation: objection, the time is yielded back. in energy, agriculture, weather, cli- Three-fifths of the Senators duly cho- CLOTURE MOTION mate, and astronomy. I am not going sen and sworn having voted in the af- Pursuant to rule XXII, the Chair lays to sound like an accountant. I am firmative, the motion is agreed to. before the Senate the pending cloture ready to give an accounting to the peo- Cloture having been invoked, the mo- motion, which the clerk will state. tion to refer falls. ple of Maryland, to this Nation about The legislative clerk read as follows: how we are spending their money. We Under the previous order, all CLOTURE MOTION want to spend the money to give the postcloture time has expired. people of Flint safe drinking water, We, the undersigned Senators, in accord- MOTION TO CONCUR WITH AMENDMENT NO. 5139 ance with the provisions of rule XXII of the WITHDRAWN give people treatment to kick their Standing Rules of the Senate, do hereby Mr. MCCONNELL. Mr. President, I prescription drug habit, to find cures move to bring to a close debate on the mo- for disease from cancer, Alzheimer’s, tion to concur in the House amendment to ask unanimous consent to withdraw and I am proud of the resources we pro- the Senate amendment to Calendar No. 96, the motion to concur with further vide to make our communities better H.R. 2028, an act making appropriations for amendment. and safer. energy and water development and related The PRESIDING OFFICER. Is there I am proud of my service as the agencies for the fiscal year ending Sep- objection? Democratic leader of the Appropria- tember 30, 2016, and for other purposes. Without objection, it is so ordered. tions Committee. I am proud to have Mitch McConnell, Roger F. Wicker, Orrin Mr. MCCONNELL. I ask unanimous G. Hatch, Johnny Isakson, John Cor- consent that there now be 2 minutes of worked with my colleagues. I have the nyn, Thad Cochran, Mike Crapo, Pat best subcommittee chairs or rankings Roberts, Bill Cassidy, John Hoeven, debate equally divided before a vote on that anyone could have. We have an ex- John Barrasso, Thom Tillis, John adoption. cellent staff, and we have all tried to Boozman, John Thune, Daniel Coats, The PRESIDING OFFICER. Is there work together. Marco Rubio, Roy Blunt. objection?

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.097 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6995 Without objection, it is so ordered. Gillibrand Manchin Risch Pending: Graham McCain Sanders The Senator from Arizona. Heitkamp McCaskill Sasse McConnell motion to concur in the amend- Mr. MCCAIN. Mr. President, what we Heller Menendez Schatz ment of the House to the bill. are doing here is we are cutting defense Hirono Merkley Schumer McConnell motion to concur in the amend- spending, we are increasing nondefense Lankford Paul Warner ment of the House to the bill, with McCon- Leahy Perdue Warren nell amendment No. 5144, to change the en- spending, and we are locking in the le- Lee Reid Wyden actment date. gitimacy of the nondefense spending NOT VOTING—1 McConnell amendment No. 5145 (to amend- according to the Budget Control Act. ment No. 5144), of a perfecting nature. So what we are doing by passing a con- Cotton McConnell motion to refer the message of tinuing resolution is putting in seques- The motion was agreed to. the House on the bill to the Committee on tration again, while even reducing de- The PRESIDING OFFICER. The ma- Environment and Public Works, with in- fense spending. jority leader. structions, McConnell amendment No. 5146, to change the enactment date. In the words of the four uniformed f McConnell amendment No. 5147 (the in- chiefs of our military, you are—and I ORDER OF PROCEDURE structions (amendment No. 5146) of the mo- quote them directly—‘‘putting the tion to refer), of a perfecting nature. lives of the men and women serving Mr. MCCONNELL. For the informa- McConnell amendment No. 5148 (to amend- this Nation in uniform at greater tion of all colleagues, I think we are ment No. 5147), of a perfecting nature. risk’’—at greater risk. You are putting headed toward completion here. There- The PRESIDING OFFICER. The Sen- the lives of the men and women who fore, I ask unanimous consent that ator from California. are serving in the military at greater there now be 80 minutes of debate on Mrs. BOXER. Madam President, I risk because we want to get out of here the House message to accompany S. want to say to my friends, this is my for Christmas. Shame on you. 612; that following the use or yielding last moment on the floor of the U.S. The PRESIDING OFFICER. The ma- back of time, the Senate vote on the Senate. I already gave my farewell, and jority leader. cloture motion with respect to the I thought that was the end of it. I find ORDER OF BUSINESS House message. I further ask that if myself filibustering my own bill, which is really a bizarre way to end my ca- Mr. MCCONNELL. For tonight’s cloture is invoked, all time postcloture reer here. As I said, I always came in schedule, we hope to have the WRDA be considered expired, the motion to defending the environment, and I guess vote around midnight, and we will seek concur with further amendment then I will go out the door in the same way. to get a limited time agreement during be withdrawn, and the Senate vote on I feel that this is something I have to the vote that is about to occur. the motion to concur in the House amendment. I further ask that fol- do. VOTE ON MOTION TO CONCUR lowing adoption of the House message, The Water Resources Development The PRESIDING OFFICER. Is there H. Con Res. 183 be considered and Act is a beautiful bill. We are going to further debate? agreed to. Further, I ask that 60 min- be voting on it. But, very sadly, at the If not, the question is on agreeing to utes be under the control of Senator last minute, a midnight rider was the motion to concur in the House BOXER or her designee and that the added in the House by KEVIN MCCAR- amendment to the Senate amendment mandatory quorum call be waived. THY, which essentially, according to to H.R. 2028. The PRESIDING OFFICER. Is there every fishing group in my State—and I Mr. MCCAIN. Mr. President, I ask for objection? mean every single fishing group and the yeas and nays. The PRESIDING OFFICER. The Sen- every single fishing group on the west The PRESIDING OFFICER. Is there a ator from California. coast, and that covers Oregon, Wash- sufficient second? Mrs. BOXER. Reserving the right to ington, California—is a major threat to There is a sufficient second. object, I am not going to object, but their livelihood, to their future. The clerk will call the roll. you said 80 minutes. Who has the As everybody talks about the mes- The senior assistant legislative clerk other—the reason I am asking is, I sage of this election being the protec- called the roll. didn’t know if I needed to yield time to tion of hard-working people, here we Mr. CORNYN. The following Senator the other side, which I prefer not to have a rider that is slipped in. No one is necessarily absent: the Senator from since you have your own time, right? even saw it but 2 hours before, and it Arkansas (Mr. COTTON). That is fine with me. turns out that the water the fishermen The PRESIDING OFFICER (Mrs. Mr. MCCONNELL. Madam President, need to have a thriving business is FISCHER). Are there any other Senators I modify that to designate 20 minutes going to be diverted away from them in the Chamber desiring to vote? under the control of Senator INHOFE. and done in such a way that it goes The yeas and nays resulted—yeas 63, The PRESIDING OFFICER. Is there against the Endangered Species Act. nays 36, as follows: objection? You will hear people stand up and [Rollcall Vote No. 161 Leg.] Without objection, it is so ordered. say: No, it is not true. There is a sav- YEAS—63 Mr. MCCONNELL. Let me say that ings clause; we say no way. The fact is, when you dictate what kind of oper- Alexander Feinstein Nelson hopefully the 80 minutes will not be Ayotte Fischer Peters used. Hopefully, much of it will be ations you are going to have in terms Baldwin Gardner Portman yielded back. A lot has already been of moving water and you say you shall Barrasso Grassley Reed said. The night is late, but if all the move this water and the other side has Bennet Hatch Roberts to prove it is dangerous, everybody Blumenthal Heinrich Rounds time is used, it is going to occur Blunt Hoeven Rubio around 12:30 a.m. knows where this is going. Everybody Boozman Inhofe Scott knows it is going to be impossible to Burr Isakson Sessions f save the salmon. Cantwell Johnson Shaheen Capito Kaine Shelby GEORGE P. KAZEN FEDERAL Here we have the salmon fisheries on Cardin King Stabenow BUILDING AND UNITED STATES the west coast up in arms. Here we Cassidy Kirk Sullivan COURTHOUSE have a rider that doesn’t even belong in Coats Klobuchar Tester the Environment and Public Works Cochran Markey Thune The PRESIDING OFFICER. The Sen- Collins McConnell Tillis ate will resume consideration of the Committee. It should have been dis- Cornyn Mikulski Toomey House message to accompany S. 612, cussed with the Energy Committee. It Daines Moran Udall which the clerk will report. is out of order. Donnelly Murkowski Vitter The question is, Are we going to vote Enzi Murphy Whitehouse The legislative clerk read as follows: Ernst Murray Wicker for a beautiful bill? I just said today House message to accompany S. 612, a bill that I got more things in here for Cali- NAYS—36 to designate the Federal building and United States courthouse located at 1300 Victoria fornia than I probably should even talk Booker Casey Cruz about because I got so much. There are Boxer Coons Durbin Street in Laredo, Texas, as the ‘‘George P. Brown Corker Flake Kazen Federal Building and United States 26 different provisions for my State, Carper Crapo Franken Courthouse.’’ from Lake Tahoe to the Salton Sea,

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.100 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6996 CONGRESSIONAL RECORD — SENATE December 9, 2016 from the L.A. River to the Sacramento but we wanted to go over it one more clean water in their States, and that is Flood Control, to Orange County, to time. I know Senator CANTWELL has how they are going to get this poison the Inland Empire. laryngitis and is struggling with her pill rider passed. The entire State benefits from this voice, but at this time I would like to It is no surprise that within 24 hours bill, and here I stand saying to vote no, yield to her as much time as she might of this passing the House, the L.A. but it is because I think we have no consume. Times editorialized it as a bad deal. right to put this kind of language in at The PRESIDING OFFICER. The Sen- The San Jose Mercury News calls it a the last minute and destroy an entire ator from Washington. sellout. The San Francisco Chronicle industry. It is not right. Ms. CANTWELL. Madam President, says stop the rider. Do not think for 1 In addition, this particular rider as my colleague said, I definitely have second that people are not watching takes away the right of Congress to au- a voice challenge so I am not going to because they are watching. The unfor- thorize dams in all of the Western speak long. I do want to join my col- tunate situation for everyone involved States. So, people, understand what league in urging Members of the Sen- who wants water is this. You are going this does. KEVIN MCCARTHY, I guess, ate to vote no on this legislation. to get litigation. You are going to get doesn’t trust the Members of Congress As she just described, it is a bill that litigation because you cannot do water to authorize new dams and says the has some great attributes, but it has deals this way. President—whoever it is because this one major fatal flaw, and that fatal For the San Joaquin, which argued bill lasts 5 years—can determine where flaw is that the U.S. Senate is being and litigated for 18 years and then to put a dam. I don’t get it. Don’t we asked tonight to negotiate and decide a came to the table, this is the same sit- trust each other to hold hearings and water settlement for the State of Cali- uation. You are not going to get water decide these issues? fornia that has been fought over, liti- for your growers, you are going to get This is what the rider does; it is dev- gated, and is still in discussion of how litigation. As a country that has al- astating to the fishery. Every environ- to resolve it in a balanced way among ready spent billions of dollars dealing mental group that I know of is strong- all of the interests, not just in Cali- with drought—and I have news for you, ly against it. This vote is being rated fornia but in the region. Oh, no, be- we are going to be spending more be- by the League of Conservation Voters, cause someone has a mighty pen and cause the climate is going to continue and there are chills running up and can in the House of Representatives to change. This is an issue whose day down the spine of the fishing industry. drop an earmark of over half a billion has come to the United States Senate. I have never seen so many editorials dollars into a bill as a poison pill—I It is not going to go away. against any rider. They have asked me: think the newspapers had it right: Stop We can deal with it in regular order, Please, please bring this down. the midnight rider. How ironic that it we can deal with it without jamming I am not naive, and I know votes. I is almost midnight, and we are going people with earmarks, and we can deal know how cynical this whole thing is. to be voting on such legislation. with it without giving away a sweet- Here we have a rider that does not be- My colleagues who bring us decided- heart deal to the builders of dams. Oh, long on this bill. The jurisdiction was upon water agreements that have been yes. I forgot to mention, the bill au- the Energy Committee. They weren’t worked out and want us to bless them thorizes dams to be built in 17 States consulted. This rider never had a hear- so that the agencies can fund them—I without any further action by us as a ing, never saw the light of day, and was have no problems with that. We have body. I hope you don’t have a river in stuck on a bill that I have worked on tried to move similar legislation in your State where you would like to see for about 2 years. It is a beautiful bill, regular order, but this is usurping the the wild and scenic nature of it or go a terrible rider. individuals who are trying to balance trout fishing because it may not be For me to stand here, in the last water and fish and river rights and there if it is all dammed up due to this breath as a Senator—not in life, I feel community issues and regional issues legislation. very strong, but as a Senator—to say and saying that we are going to kill I hope our colleagues realize the way to people that I worked so hard on this fish as a way to balance the water and to solve our drought problems is to bill with Senator INHOFE, it is a beau- drought of the future. If we are going work together in a fair and open man- tiful bill; vote no on cloture. It is al- to decide to kill fish tonight for Cali- ner, a manner in which everyone can most like an out-of-body experience for fornia, for Delta almond growers, are see the transparency and not the dark me, but still, I am asking you to do you going to show up tomorrow and of night at midnight right before we that. say let’s kill northwest salmon because adjourn for the rest of the year. We What is going to happen next year? someone else in California wants our will not solve these problems nor will What are they going to hold hostage water? I can tell you the answer to we provide the collaborative steward- next year? The people of Flint? No one that is hell no; we are not going to let ship this issue needs. Instead, we are worked harder for the people of Flint you attack northwest salmon for Cali- going to put a cynical stamp of a polit- than MARIA CANTWELL and BARBARA fornia water. It is not going to happen. ical gamesmanship on an issue that is BOXER. We held up our bills until they To our colleagues who are facing the important to every community in the were taken care of. same issue in Arizona, which didn’t get West. We have a beautiful WRDA bill. It is a fair hearing, or our colleagues from I thank the Presiding Officer and the not perfect, I admit it, but it is excel- Florida, Alabama, or in a dispute with Senator from California. lent. It will create a lot of jobs, and it Georgia, tonight is about whether you The PRESIDING OFFICER. The Sen- will make sure that our water infra- are going to say we are going to have ator from California. structure is up to date. It has eco- collaborative stewardship to solve our Mrs. BOXER. Madam President, how system restoration. By the way, it has water issues or whether we are going to much time do we have remaining on a lot of drought-related, important au- let the interest of political groups our inside? thorizations for desalination, water re- come and lobby here and have us decide The PRESIDING OFFICER. There is charging, water recycling, high tech- based on poison pill riders. 45 minutes. nology to bring more water to really Our colleagues over here are frus- Mrs. BOXER. Madam President, I take care of the drought. It has it in trated that the other side of the aisle call on Senator MERKLEY for as much the base bill. All of that is in the base would never live up to a Flint agree- time as he wishes. bill. ment, and the consequence is they are Before MARIA CANTWELL leaves the And in the dead of night comes a cynical enough to put Flint in this bill floor, who is suffering mightily from midnight rider, and there it sits. It is as a way to get votes for something laryngitis, I have another editorial hot wrong. It is absolutely wrong. they know they should not bring to the off the press from the Los Angeles It is very late. We are all very tired. floor of the U.S. Senate. And to boot, Times: ‘‘A water deal that’s bad for I am very grateful that MARIA CANT- they think the only bill I could come California’s environment.’’ I can’t tell WELL and I, JEFF MERKLEY and RON up with to get this deal passed is one in you how proud this makes me because WYDEN were able to have some time which individual Members have indi- this means, essentially, every major earlier in the day to present the facts, vidual projects that are important to paper in my State that has really

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00066 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.102 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6997 stayed out of this is going in. This is a lier bill, populations of endangered salmon study the impact on the salmon. That very long editorial. I will save my com- and smelt have significantly declined. Even is measure No. 1 that bypasses the En- ments on it until later. the current program of scientific findings dangered Species Act. Madam President, I ask unanimous may be insufficient to protect the fish as re- The second provision, 4002, says the quired under the Endangered Species Act. consent to have the Los Angeles Times The regrettable conclusion must be that Bill Jones and Harvey Banks Southern editorial printed in the RECORD. the so-called drought provisions are unac- Delta Pumping Plants must operate at There being no objection, the mate- ceptable. The proposed drought-year legisla- the very highest level of the spectrum rial was ordered to be printed in the tion would appear to be directly at odds with of the biological opinion. The way RECORD, as follows: current, laudable efforts by the State Water these biological opinions work is they [Dec. 9, 2016] Resources Control Board to ensure the pres- say we need to operate somewhere be- ence of enough water in the lower San Joa- A WATER DEAL THAT’S BAD FOR CALIFORNIA’S tween here and here, and then as the quin River—close to the delta pumps—to sus- ENVIRONMENT scientists observe what is going on, the tain migrating salmon, which are not merely amount is adjusted. What this section (By the LA Times Editorial Board) another fish but integral to California’s ecol- There is much for Southern Californians to ogy, culture and history. says is, no, we are not going to operate like in departing U.S. Sen. Barbara Boxer’s All that aside, Feinstein’s effort to add the normal way, we are going to insist final bill—to authorize federal water some flexibility to delta rules to provide in this bill that you must operate at projects—including funding to restore the more water for farms and urban areas in the highest level, disregarding the sci- Los Angeles River and to pay for various times of drought—despite serious concerns entific information on the impact on water storage and groundwater efforts. that they could weaken species protection— the salmon and on the smelt. That is And then there are the provisions Boxer’s might still be worth the risk if they were provision No. 2. Then they get to the colleague and fellow California Democrat, part of a final compact between environ- one that is really the biggest shocker, Sen. Dianne Feinstein, negotiated with Re- mental and agricultural interests on delta publicans and their supporters in San Joa- water. 4003. This says the Secretary of Inte- quin Valley’s agriculture industry to squeeze But there is still no final compact, no rior and the Secretary of Commerce, more usable water from the Sacramento-San grand bargain, and in fact the recent elec- through an operations plan, may oper- Joaquin River Delta for farmers in drought tion has only emboldened Republicans who ate at levels—get this—that result in years. are targeting the Endangered Species Act. the Old and Middle River flows more At issue in the delta and the rivers that House Majority Leader Kevin McCarthy of negative than the most negative re- feed it are the rules that govern when and Bakersfield and other members of Congress verse flow prescribed by biological how much water can be diverted for farms who represent the San Joaquin Valley have opinion. and homes instead of being allow to keep made it clear that they intend to press fur- Have you ever heard of negative river flowing through rivers and into the delta to ther to divert more Sacramento and San protect endangered salmon. Joaquin river water to agricultural use rath- flow? What does that mean? It means California’s two senators have long ap- er than letting it flow into the sea to sustain water doesn’t flow downstream. It proached water issues from different angles the state’s increasingly fragile environment. means so much water is drained that but generally managed to agree. Not this The drought language, negotiated in private the remaining water in the river kind time. When Feinstein and Republicans in- and inserted into Boxer’s bill at close to the of flows upstream at the point it is serted their provisions in Boxer’s bill late last minute, would embolden them further if being diverted. This says that in the last week, Boxer threatened to scuttle the adopted. Let’s hope that Kamala Harris, range that is allowed by the biological whole package. She said the delta provisions Boxer’s successor, has been paying attention opinion, the Secretary of Commerce or would undermine the Endangered Species and is prepared to stand up for California’s Interior can take even more, way out- Act and could irreparably damage the state’s increasingly fragile environment. salmon and the thousands of jobs that de- side the ban authorized by biological Mrs. BOXER. Madam President, I opinion. pend on the Pacific salmon fishery, not just yield such time as he may consume to off California’s coast, but off Oregon’s and Mrs. BOXER. The Senate is not in Washington’s as well. Senator MERKLEY. order. I can’t hear. Environmentalists have balked at the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Feinstein proposal, just as they opposed a ator from Oregon. ate will be in order. drought bill she proposed earlier this year. Mr. MERKLEY. Madam President, Mr. MERKLEY. This is clearly a pro- That measure also was aimed at making what is at issue here? The core issue is vision that goes completely against the delta rules more flexible to keep water flow- whether we raid the waters of Northern normal framework of a biological opin- ing to farms during periods in which it argu- California to provide additional water ion, and, indeed, that is not the whole ably wasn’t needed for fish. Notwithstanding to the farmers of the Central Valley part of 4003. It goes on to say that this the concerns, that bill was a prudent com- and in so doing whether we wipe out promise and might have been acceptable had section shall not affect the biological it been an end-point—part of a grand bargain the salmon which provides jobs for opinion unless the Secretary of Com- between the various factions to end the long- 20,000 fishermen. It is a powerful piece merce finds such applicable require- running California water wars. of our economy, a piece of our history, ments may be adjusted. It basically So the question now is whether the new and a piece of our soul. That is what is says the Secretary of Commerce can provisions that Feinstein has brokered with at issue here—whether we drain these violate the biological opinion. How Republicans are appreciably different from rivers. clear can that get? Then it continues her earlier version, or whether cir- It has been said there is nothing in even further, and it says: Water trans- cumstances have changed enough to warrant this bill that changes how the biologi- endangering the entire bill and all the fund- fers exclusively through the State ing it allocates to badly needed water cal opinions will be applied or the En- water project are not required to be projects. dangered Species Act will be applied, consistent with section (a)(1)(H) of the Circumstances certainly changed with the and that simply is not the case. I will Central Valley Project Improvement election of Donald Trump and the climate- walk you through the three core provi- Act. change-denying, environmentally challenged sions that are in this bill. Well, of course you are wondering cabinet members he is considering or has al- The first is section 4001. What it does what that part of the act is, and that ready appointed. Although the bill’s rules is set up a pilot project, and that pilot part of the act is one that says you governing when delta pumps can operate and project allows circumvention to bio- how water must be managed are technical can’t violate the fish and wildlife obli- and subject to interpretation, they grant logical opinions to open up the delta gations in the process of pumping Trump’s secretaries of Commerce and Inte- cross-channel gates. What does that water. OK. That is wiped out by this. rior an important role in determining when mean? It means when the salmon are Clearly, case after case after case, this to divert less and leave more for endangered returning from the ocean to spawn, bill is a raid on the water of Northern fish and the environment. That sort of dis- these gates are kept closed so the salm- California to basically pump it through cretion might have been tolerable if en- on do spawn and continue the cycle of in violation of biological opinions and trusted to cabinet members of an environ- life and productivity, but instead this in violation of the Endangered Species mentally responsible administration, but it says no and this pilot project will open Act, and it is an assault on 20,000 fish- must be seen in a different light with a White House with a decidedly different ap- the gates and then the salmon get di- ermen and fisherwomen. That is what proach to the environment. verted from going up the river. They is wrong with this airdropped provision An internal memo from the current White don’t spawn, it doesn’t continue, and that never went through the com- House also notes that since Feinstein’s ear- then it says, we will go ahead and mittee in the Senate, and it didn’t get

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00067 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.104 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S6998 CONGRESSIONAL RECORD — SENATE December 9, 2016 to the floor of the Senate. We didn’t odds with current, laudable efforts by For people like my friends from have it offered as an amendment on the the State Water Resources Control Michigan—they know how hard I floor and have a vote and debate on Board to ensure the presence of enough worked. They know how hard MARIA this floor. It didn’t go through the water in the lower San Joaquin River— CANTWELL worked to fix the problem in House. It wasn’t debated there. It was close to the delta pumps—to sustain Flint, to replace those pipes. Yet it is airdropped in on a conference com- migrating salmon, which are not mere- in this bill. So it makes it even more mittee. ly another fish but integral to Califor- cynical that such a thing was added at Water is a precious resource, and this nia’s ecology, culture, and history’’ the end and force people to choose be- pits the salmon industry against the and certainly to Oregon’s ecology, cul- tween helping the people of Flint and Central Valley farmers and says we are ture, and history. preserving the tens of thousand of fish- ruling for one over the other by vio- We have the San Francisco Chron- erman jobs. This is not right. This is lating the biological opinions nec- icle, which is simply entitled: ‘‘Stop ridiculous and not necessary. essary for the salmon and the smelt to . . . water-bill rider.’’ It proceeds to If Mr. MCCARTHY is so powerful, why survive. That is just wrong. conclude, after a couple of extensive does he just not introduce the bill as It says something else. It says the analyses, it says: freestanding legislation next year and power of this body to authorize dams is Drought and warming temperatures . . . let it go? But, no, it had to be done on being wiped out because no authoriza- are tipping off mass extinction of the species this bill. Why? Because he could do it. tion is needed anymore by this body. in the San Francisco Bay and its estuary. We I tell you, if he reads the newspaper ar- Now, a colleague came to the floor and have to work to share water among people, ticles and op-eds that are in every said, well, not really because the Sen- farms and the environment of California— paper in my State, from Republican ate would still have to provide some not try to benefit one interest with a midnight rider. areas, from Democratic areas, he is not funds in an appropriations bill, but we that well thought of for this. It was a Here we are 15 minutes from mid- all know how appropriation bills work. big mistake. night. Multiple provisions raid the They are massive. They come out of At this time, I want to yield to my water, changing the status quo that conference at the last second. There colleague and friend, who, with Sen- has been carefully worked out with bio- are little things tucked in there. Tak- ator MERKLEY, has been an outstanding logical opinions. Multiple newspapers ing away the process of an authoriza- voice protecting the fishing industry in say it is just wrong so let’s take a motion debate on the merits of a dam nul- his State and the beauty of his State, ment and say let’s cut this provision lifies the role of this body in imple- RON WYDEN. out of this bill. menting smart decisions about whether Mr. WYDEN. I thank my colleague. I dams make sense or don’t make sense Let’s put this bill on hold until it is gotten rid of because it is wrong to would be happy to yield to our col- under a particular set of conditions. league from Oklahoma. Some make sense, some don’t, and that have an airdropped provision on a chal- is why we come through and we have lenge of maintaining a viable salmon f an authorizing discussion. This guts industry debated on a midnight rider. that. The PRESIDING OFFICER. The Sen- This is a terrible precedent for legis- ator from California. REMOVAL OF INJUNCTIONS OF SE- lation that will come in the future, and Mrs. BOXER. Madam President, I CRECY—TREATY DOCUMENT NOS. it is terrible at this moment for the want to thank the Senator from Or- 114–13, 114–14, AND 114–15 damage to the water in these upper riv- egon very much. He gets it. We are Mr. INHOFE. Madam President, I ask ers that actually flow backward and is united on this. We hope our colleagues unanimous consent that the injunction authorized by this bill. It is a terrible hear our plea that if we can get rid of of secrecy be removed from the fol- provision for the salmon that 20,000 this rider, we will have a magnificent lowing treaties transmitted to the Sen- fishermen and fisherwomen depend on, bill that was worked on by so many: ate on December 9, 2016, by the Presi- and it is a terrible precedent for every my friend JIM INHOFE, myself, Senator dent of the United States: The Treaties other ecological discussion. That is MERKLEY in the committee, Senator with the Republic of Kiribati and the why every major newspaper in Cali- FISCHER—a beautiful bill. Why? Be- Government of the Federated States of fornia has written an editorial saying: cause we worked together. The bill had Micronesia on the Delimitation of Mar- Don’t do this. Don’t do this, says the hearings, saw the light of day. Then itime Boundaries, Treaty Document Mercury News editorial board. They literally, literally at the last second, a No. 114–13; the Arms Trade Treaty, proceed to say it ‘‘would gut environ- special interest rider was added. I know Treaty Document No. 114–14; and mental protections and have dev- this was not the work of the Senate. I United Nations Convention on Trans- astating long-term effects on the Sac- love my colleagues here. They did not parency in Treaty-Based Investor- ramento-San Joaquin Delta’s eco- want this done. It was done. Once it State Arbitration, Treaty Document system.’’ It says this last-minute, was done, we have to make a decision. No. 114–15. I further ask that the trea- closed-door provision ‘‘allows max- You know, before I yield to RON ties be considered as having been read imum pumping of water from the Delta WYDEN, what I want to say is, if you the first time; that they be referred, to the Central Valley and eliminates ask people on the street ‘‘Why do you with accompanying papers, to the Com- important congressional oversight over give Congress such low marks?’’ people mittee on Foreign Relations and or- building dams . . . dramatically roll don’t like us here. I personally think dered to be printed; and that the Presi- back the Endangered Species Act . . . this is a noble profession. I am so dent’s messages be printed in the perhaps paving the way for its repeal blessed to have a chance to make life RECORD. . . . or gutting.’’ It says: ‘‘We’re not better for people. All of us feel that The PRESIDING OFFICER. Without sure whether the Republican sweep in way. But why don’t people really ap- objection, it is so ordered. preciate our work? One of the reasons November means Americans no longer The messages of the President are as is they put unrelated matters on at the care about clean air and water, but follows: we’re about to find out. In the interim, last second, as MARIA CANTWELL said, the Senate and if necessary president simply because they can. To the Senate of the United States: need to protect the Delta. . . . ‘’ This is a bill which is so wonderful I transmit herewith, for the advice That is what the Mercury said. for the country. Now they make it so and consent of the Senate to their rati- The Los Angeles Times editorial controversial and so difficult for Mem- fication, two bilateral maritime bound- says: ‘‘A water deal that’s bad for Cali- bers to choose. Look at my situation. I ary treaties: the Treaty between the fornia’s environment,’’ and it goes on. have 26 provisions in here for my State. Government of the United States of It says: ‘‘The regrettable conclusion It is magnificent for my people. But America and the Government of the must be that the so-called drought pro- yet and still, this rider threatens the Republic of Kiribati on the Delimita- visions are unacceptable.’’ It notes entire fishing industry of my State and tion of Maritime Boundaries, signed at that ‘‘the proposed drought-year legis- thousands of jobs all up and down the Majuro on September 6, 2013; and the lation would appear to be directly at west coast. Treaty between the Government of the

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00068 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.105 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S6999 United States of America and the Gov- the requirements of the Treaty, and no I recommend that the Senate give ernment of the Federated States of Mi- further legislation is necessary to com- early and favorable consideration to cronesia on the Delimitation of a Mari- ply with the Treaty. A key goal of the the Treaty, and that it give its advice time Boundary, signed at Koror on Au- Treaty is to persuade other States to and consent to ratification of the Trea- gust 1, 2014. I also transmit, for the in- adopt national control systems for the ty, subject to the understandings and formation of the Senate, the report of international transfer of conventional declarations set forth in the accom- the Department of State with respect arms that are closer to our own high panying report. to the treaties. standards. BARACK OBAMA. The purpose of the treaties is to es- By providing a basis for insisting THE WHITE HOUSE, December 9, 2016. tablish our maritime boundaries in the that other countries improve national South Pacific Ocean with two neigh- control systems for the international To the Senate of the United States: boring countries. The treaty with transfer of conventional arms, the With a view to receiving the advice Kiribati establishes three maritime Treaty will help reduce the risk that and consent of the Senate to ratifica- boundaries totaling approximately international transfers of specific con- tion, subject to certain reservations, I 1,260 nautical miles in length between ventional arms and items will be transmit herewith the United Nations Kiribati and the United States islands abused to carry out the world’s worst of Palmyra Atoll, Kingman Reef, Jar- crimes, including genocide, crimes Convention on Transparency in Treaty- vis Island, and Baker Island. The trea- against humanity, and war crimes. It Based Investor-State Arbitration (Con- ty with the Federated States of Micro- will be an important foundational tool vention), done at New York on Decem- in ongoing efforts to prevent the illicit nesia establishes a single maritime ber 10, 2014. The report of the Secretary proliferation of conventional weapons boundary of approximately 447 nautical of State, which includes an overview of around the world, which creates insta- miles in length between the Microne- the Convention, is enclosed for the in- bility and supports some of the world’s sian islands and the United States ter- formation of the Senate. most violent regimes, terrorists, and The Convention requires the applica- ritory of Guam. The boundaries define criminals. The Treaty commits States the limit within which each country Parties to establish and maintain a nation of the modern transparency meas- may exercise maritime jurisdiction tional system for the international ures contained in the United Nations with respect to its exclusive economic transfer of conventional arms and to Commission on International Trade zone and continental shelf. implement provisions of the Treaty Law (UNCITRAL) Transparency Rules I believe these treaties to be fully in that establish common international to certain investor-state arbitrations the interest of the United States. They standards for conducting the inter- occurring under international invest- reflect the tradition of cooperation and national trade in conventional arms in ment agreements concluded before close ties with Kiribati and with the a responsible manner. The Treaty is an April 2014, including under the invest- Federated States of Micronesia in this important first step in bringing other ment chapters of U.S. free trade agree- region. These boundaries have never countries up towards our own high na- ments and U.S. bilateral investment been disputed, and the delimitation in tional standards that already meet or treaties. These transparency measures the treaties conforms closely to the exceed those of the Treaty. include publication of various key doc- limits the United States has long as- The Treaty will strengthen our secu- uments from the arbitration pro- serted for our exclusive economic zone rity without undermining legitimate ceeding, opening of hearings to the in the relevant areas. international trade in conventional public, and permitting non-disputing I recommend that the Senate give arms. The Treaty reflects the realities parties and other interested third per- early and favorable consideration to of the global nature of the defense sup- sons to make submissions to the tri- the treaties, and give its advice and ply chain in today’s world. It will ben- bunal. As the UNCITRAL Transparency consent to ratification. efit U.S. companies by requiring States Rules by their terms automatically BARACK OBAMA. Parties to apply a common set of apply to arbitrations commenced under THE WHITE HOUSE, December 9, 2016. standards in regulating the defense international investment agreements trade, which establishes a more level concluded on or after April 1, 2014, and To the Senate of the United States: playing field for U.S. industry. Indus- With a view to receiving the advice that use the UNCITRAL Arbitration try also will benefit from the inter- Rules (unless the parties to such agree- and consent of the Senate to ratifica- national transparency required by the tion, subject to certain declarations ments agree otherwise), there is no Treaty, allowing U.S. industry to be need for the Convention to apply to and understandings set forth in the en- better informed in advance of the na- closed report, I transmit herewith the international investment agreements tional regulations of countries with concluded after that date. Arms Trade Treaty, done at New York which it is engaged in trade. This will on April 2, 2013, and signed by the provide U.S. industry with a clearer Transparency in investor-state arbi- United States on September 25, 2013. I view of the international trading tration is vital, given that govern- also transmit, for the information of arena, fostering its ability to make mental measures of interest to the the Senate, the report of the Secretary more competitive and responsible busi- broader public can be the subject mat- of State with respect to the Treaty, ness decisions based on more refined ter of the proceedings. The United which contains a detailed article-by-ar- strategic analyses of the risks, includ- States has long been a leader in pro- ticle analysis of the Treaty. ing risks of possible diversion or poten- moting transparency in investor-state The Treaty is designed to regulate tial gaps in accountability for inter- arbitration, and the 11 most recently the international trade in conventional national arms transfers, and the asso- concluded U.S. international invest- arms—including small arms, tanks, ciated mitigation measures to reduce ment agreements that contain inves- combat aircraft, and warships—and to such risks in a given market. tor-state arbitration already provide reduce the risk that international arms The Treaty explicitly reaffirms the for modern transparency measures transfers will be used to commit atroc- sovereign right of each country to de- similar to those made applicable by the ities, without impeding the legitimate cide for itself, pursuant to its own con- Convention. However, 41 older U.S. arms trade. It will contribute to inter- stitutional and legal system, how to international investment agreements national peace and security, will deal with conventional arms that are lack all or some of the transparency strengthen the legitimate inter- traded exclusively within its borders. measures. Should the United States be- national trade in conventional arms, It also recognizes that legitimate pur- come a party, the Convention would re- and is fully consistent with rights of poses and interests exist for both indi- quire the transparency measures to U.S. citizens (including those secured viduals and governments to own, trans- apply to arbitrations under U.S. inter- by the Second Amendment to the U.S. fer, and use conventional arms. The national investment agreements con- Constitution). United States national Treaty is fully consistent with the do- cluded before April 2014, to the extent control systems and practices to regu- mestic rights of U.S. citizens, including that other parties to those agreements late the international transfer of con- those guaranteed under the U.S. Con- also join the Convention and to the ex- ventional arms already meet or exceed stitution. tent the United States and such other

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00069 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.021 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7000 CONGRESSIONAL RECORD — SENATE December 9, 2016 parties do not take reservations re- from Michigan has visited the Oregon coming administration the authority garding such arbitrations. The Conven- coast. This is one of the great Amer- to determine whether or not salmon is tion would also require the trans- ican treasures, the Oregon coast and being harmed by maximizing water de- parency measures to apply in investor- Haystack Rock. livery to big agribusiness. state arbitrations under those agree- Senator BOXER and Senator INHOFE Water issues for us in the West are ments when the United States is the came up with this terrific bill to pro- never a walk in the park; I think we all respondent and the claimants consent vide support to places such as the Or- understand that. I want to commend to their application, even if the claim- egon coast, where my wife and I were our other colleague from California for ants are not from a party to the Con- married. You have to say: What is a her hard work. She has put in a tre- vention. bill that is designed to provide support mendous amount of time. I can tell col- The United States was a central par- for special places really mean when it leagues that she has spoken with me ticipant in the negotiation of the Con- does not do a whole lot of good if there again and again on this issue in order vention in the UNCITRAL. Ratifica- is no salmon in the ocean, no fishing to get an agreement on drought that tion by the United States can be ex- families or fishing boats in the ports, helps California. pected to encourage other countries to and no fish at the dinner table? That, Suffice it to say that Senator become parties to the Convention. The colleagues, is what this is really all MERKLEY and I know our State is no Convention would not require any im- about. stranger to water challenges, if you plementing legislation. Now, as far as the infrastructure is just think about the amount of time I recommend, therefore, that the concerned, Senator MERKLEY has led we spent on the Klamath and the whole Senate give early and favorable consid- this in Oregon and has done terrific host of issues around our State. But, as eration to the Convention and give its work to protect the displaced tribes to I touched on, you have to have every- advice and consent to ratification by ensure that they would have a better body at the table. It has to be collabo- the United States, subject to certain quality of life. rative. reservations. I think I have already summed it up. This rider we have been discussing is BARACK OBAMA. You can’t have big-league quality of not a product of compromise. A small THE WHITE HOUSE, December 9, 2016. life with little-league infrastructure. west coast industry has been left out of f So this legislation ensures that we are the discussions because the deck was going to have that kind of infrastruc- stacked in favor of these very large ag- GEORGE P. KAZEN FEDERAL ture. Particularly in rural and coastal ribusinesses. Even though those hard- BUILDING AND UNITED STATES Oregon, it would be a huge benefit. But working families in small coastal com- COURTHOUSE—Continued at a time when the Oregon coastal munities know that a healthy stock of The PRESIDING OFFICER. The Sen- communities need as much help as salmon is a lifeline, these stakeholders ator from Oregon. they can get, the provision that my in the debate not only got short shrift, Mr. WYDEN. Mr. President, reclaim- colleagues—Senator BOXER, Senator their voice really was not heard much ing my time, I can’t help but note the CANTWELL, and Merkley—have been at all. irony that Senator BOXER, who has talking about deals with drought and So I am going to close by way of say- done so much to protect special places really threatens to do just the opposite ing that we don’t think this rider is in California and around our country of providing the help these commu- just about water and agriculture in and who at the same time has consist- nities need. California; this is going to put at risk ently worked with our colleague from I think that the provision my col- the salmon fishing industry up and Oklahoma, Senator INHOFE, on infra- leagues have been talking about in ef- down the Pacific coast. The drought structure—that here they are, after fect threatens the very viability of the provision, in my view, threatens to un- once again coming together—and ev- west coast fishing industry and has lit- dermine bedrock environment laws erybody practically slaps their fore- erally put so many of the good provi- like the Endangered Species Act. We head: How in the world can Senator sions in this bill at risk. have already touched on the power it BOXER and Senator INHOFE keep com- Senator MERKLEY went into a fair would give the new administration to ing together on all of these kinds of amount of detail—and very elo- override critical environmental laws. issues? It is because they are real legis- quently—about the specifics in the But if you are not from the North- lators. They are people who don’t just drought provisions, so what I would west, we have talked—Senator CANT- throw out press releases, they write like to do is just highlight a little bit WELL has described so thoughtfully legislation. It is hard. It is a heavy lift. of what I have heard from fishing fami- what the stakes are. They are enor- This bill was not easy. To think that lies on the Oregon coast and what they mous for us in the Pacific Northwest. Senator BOXER is here on the last night are concerned about. But no matter how many times the of her time in public service, after she Their big concern is that this sponsors say they don’t think this sets has protected all of these special places drought provision basically maximizes a precedent, I think this is going to be and then worked with Senator INHOFE water delivery to agribusiness without pointed too often in the days ahead as on infrastructure, and we are still adequate safeguards for the fisheries we go forward in this present form as faced with this one last hurdle. I have that depend on that water. By an argument for doing the same sort of seen a lot of ironies in the Senate. This preauthorizing a number of dams thing elsewhere. is just about as dramatic an irony as I across the entire west coast without I and my northwest colleagues have have seen. additional Congressional oversight, it heard a lot from concerned west coast To me, we have had wonderful state- basically turns years of policy with re- fishery groups and coastal business ments. My colleague from Oregon laid spect to dams on its head. owners over the last few days. I am out very clearly how this rider would We know those issues are tough. We very hopeful—I know we are going to compromise good science. That is what have been dealing with them as west- vote here in a bit—that the position this is about. Senator MERKLEY, who erners for years. But the way we deal my colleagues have outlined against knows much more about these sub- with them is collaboratively. That is this proposal in its current form is sup- jects, frankly, than I do, went through how Senator BOXER has managed to ported here in the Senate. the biological opinions one by one, the protect all of these special places. That I thank my colleague for her terrific key sections. But the bottom line is, it is how she has managed to work with work on this. We have been in public is compromising good science. Senator INHOFE to promote infrastruc- life now a pretty good stretch of time For us in Oregon, you have a water ture at the same time—because we in both the Senate and the House. This infrastructure bill that is designed to work collaboratively. is an area, particularly, where Senator provide support to places like the beau- That is sure not the case here be- BOXER has shown something that I tiful Oregon coast. My wife and I were cause all of these small fisheries and think is going to stand the test of married at Haystack Rock, right in the fishing families don’t feel they time—the ability to protect special front of the rock, one of the prettiest have been consulted. They make a very places, the treasures we want our kids places on the Oregon coast. Our friend good case that this really gives the up- and our grandkids to go to. Scarlett

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00070 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.023 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7001 Willa Wyden, not 4, is my daughter. We bill is ridiculous. It is an out-of-body my business interests think it will be are older parents. She has the brightest experience. It is kind of Shake- good to build a dam right over here, red hair on the planet. She is going to spearean. I don’t know if it is tragedy, and who cares about the consequences. be able to enjoy some special places be- comedy, or what, but it is unbelievable. Look, we know where the people are, cause of the work Senator BOXER has What a situation. My last moments in the people in my State who really care. done. She has protected those special the Senate I am spending against a bill Every single major newspaper, every places while at the same time defying that I carry in my heart. It is a beau- fishery organization—they are fright- most of what the political observers tiful bill. ened. Then when they run them out, thought was impossible by teaming up Yet when are we going to stand up they will have more water, and they with Senator INHOFE on infrastructure against this kind of blackmail. I don’t won’t have to fight with them—Big Ag. projects that have paid off so tremen- care whether it comes from a Democrat They will just take the water. That is dously in terms of jobs and quality of or a Republican, frankly, and it was not right. life. So it is possible to do this right, not the work of anyone in the Senate. I represent all of the people, and I but this drought provision doesn’t do I say to my friends on the Republican have said for a long time that we must it. I am very hopeful that the work my side: I don’t blame you for this in any resolve these issues together. It is es- colleagues have done will be supported way, shape, or form. You did not do sential. I am going to call on Senator in the Senate. this to me, to us, and to the salmon MURRAY, but I want to say that every I thank my colleague for our years fisherman. You did not. It was done by environmental group in the country and years of friendship. a House Member who represents Big opposes this. The League of Conserva- Mrs. BOXER. I thank my friend so Agriculture, and he did it because he tion Voters is scoring this, and the De- much. Madam President, how much could. fenders of Wildlife. Trout Unlimited is time remains for us? When are we going to stand up and not a partisan organization. They are The PRESIDING OFFICER. The Sen- say no? recreational fishermen. They are ator has 20 minutes remaining. My colleague ELIZABETH WARREN was going: Wait a minute; this is a disaster. Mrs. BOXER. Madam President, I am speaking about this, and she said some- Environmental entrepreneurs, business going to speak for a little while and thing to the effect—I am not quoting people, and very successful business then reserve the remainder. her exactly right: You take a beautiful leaders say: Don’t do this. I say to Senator WYDEN, thank you piece of legislation, you add a pile of I am sad. My consolation is that if we for your words. dirt on it, and then you stick a little lose this, my State is going to get a lot I also wish to explain why it was im- Maraschino cherry on the top—whether of provisions. Good for them. I am portant to take the time at this late it is Flint, or whatever it is. Then you happy. I worked hard for it. But you hour. We are all exhausted. We must put people in a horrible position. know what, this is wrong. make this case, and I will tell you So I know this vote may not go the The reason I wanted to make this why—not only for the history books, way we want. I have hope that it record and why I asked my colleagues but for the courthouse. would. But I understand why it might to please speak is that I want this There is no way that this position is not. But when are we going to stand record to show up in court. This defi- not going to be litigated. That is the and say this is wrong? We have a tragedy of it, because as my friends nitely is going to wind up in court, and chance to do it tonight and send a mes- know and has been said by all of us, I want them to hear that Senator sage to everyone. This isn’t the way to when it comes to water, you need to BOXER said this was clearly a special legislate. This is why people can’t have everybody around the table. interest provision and at the last This provision doesn’t do a thing to stand Congress, with 17 percent ap- minute to simply destroy the fishing end the doubt. Let’s be clear. All it proval. If you ask them, do you think industry—the jobs—so that Big Ag does is take water away from the fish- it is right to add an unrelated rider in could get what they wanted. This is not ermen and give it to agribusiness. You the middle of the night on a bill that right, and it is a frontal assault on the know, that doesn’t help add any water. has been worked on for 2 years—and, by Endangered Species Act, just over- My colleague from California who the way, it is not even in the jurisdic- riding every position. We all know that has worked so hard on this has had tion, Senator INHOFE, of our com- under the Endangered Species Act, we some very good language in there mittee. It is in the jurisdiction of the saved the American bald eagle, the about desalinization and about water Energy Committee of Senator MUR- great sea turtle, and the California recharging, but we have that in the KOWSKI and Senator CANTWELL. It is condor—the most magnificent crea- base bill. It is already in the base bill. awful. tures of God. We never would have been For the first time, Senator INHOFE I say to everyone who is in a Western able to save them if we had similar lan- and I—and, oh, how I will miss him— State—not just west coast but Western guage that said that regardless of made sure we had provisions in the bill States, between 11 and 17 States, de- whether the scientists say there are that dealt with the drought. We reau- pending on how you look at it: The only three or four pairs of these crea- thorized the desal program in the next President of the United States tures left, we have decided it is a prob- United States of America. We have a and the one after will have the ability lem for the economy. We are going to new program to give funds for new to say: We are building a dam right just not worry about them. We never technologies. over here and cut out Congress. would have saved any of these—God’s We have talked about conservation, Congress has no authority to stop it. creatures. water recharging, and underground It is just incredible. Why would that be We talk a lot here about God, of our storage, which my friend Maria talked done? Why is there that insult to the commitment to all of humankind and about. It is in the base bill. So to call Members of Congress to take that all of God’s creations. We don’t have this rider about the drought is a mis- away? We already don’t do earmarks. the right to do this. That is why I nomer. It is about killing off the fish- That is a whole other issue. We are not wanted the time. It wasn’t just to hear ing industry so ag can have more supposed to anyway. But this is an- myself talk. I already gave my farewell water. That is not doing anything to other way to say: Oh, just give it to the speech. That was long enough. I al- help. executive branch. They will decide ready gave my second speech today. I I think a lot of what this election where to put dams. I don’t know about didn’t expect to. Now this is my last was about, as we look at it, was which your experience, but we have had pro- one. candidate really spoke to the hopes and posals in our State where people want- Madam President, how much time do dreams of people who work every day. ed to put dams right on an earthquake we have remaining? If we really care about the miners, fault. It took a series of hearings to The PRESIDING OFFICER. The Sen- then we vote against the continuing bring that point to light. ator has 10 minutes remaining. resolution that turns its back on the Now there won’t be any hearings be- Mrs. BOXER. Madam President, I miners’ widows, and a lot of us did. cause President Trump and whoever yield to Senator MURRAY for 7 minutes. On this, it breaks my heart to say the next President is—because this bill The PRESIDING OFFICER. The Sen- this, but filibustering against my own lasts 5 years—will say: You know what, ator from Washington.

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00071 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.108 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7002 CONGRESSIONAL RECORD — SENATE December 9, 2016 Mrs. MURRAY. I thank my col- The PRESIDING OFFICER. Who It includes programs that will help league. yields time? small and disadvantaged communities Madam President, I thank my col- Mrs. BOXER. Madam President, I re- provide safe drinking water and will leagues from the west coast for the tain the remainder of my time. help communities address drinking amazing job of pointing out the egre- The PRESIDING OFFICER. Who water emergencies like the one facing gious nature of this poison pill amend- yields time? the city of Flint, MI. ment that was added to this very crit- The Senator from Oklahoma. The bill includes the Gold King Mine. ical bill. We are here tonight after mid- Mr. INHOFE. Madam President, I The people in California, and certainly night talking about the Water Re- have listened to the words from the Senators GARDNER, BENNET, and sources Development Act. It is a bill other side. I have respect for them and UDALL, spent a lot of time on it. It is that addresses water resource projects their thoughts. I don’t agree with in this bill. and policies that are very important to them. But I wish to share a couple of The bill includes the rehabilitation our economic development and the en- things with the Senate. of high hazard potential dams. This First of all, people need to under- vironmental welfare of communities in section of the bill authorizes FEMA as- stand what we went through on this my State and across the Nation. I was sistance to States to rehabilitate the bill. There were 2 years of work. It has proud to work closely with my col- unsafe dams. This is significant. There been a long, involved time for all of us. leagues on both sides of the aisle to are 14,724 what they call high hazard Particularly, we had Mr. Jackson, Mr. craft this bipartisan WRDA bill. I potential dams in the United States. Herrgott, Susan Bodine. These are ex- thank the Senator from California for That means that if a dam fails, lives perts in different areas. She is the her tremendous work, listening to all are at stake. The program will prevent water expert. Charles Brittingham has of us, incorporating our ideas and mak- loss of lives. We have talked about this been crucial to this becoming law; he ing sure this reflected all of the needs on the floor. That is significant—14,726. knows that end of it. The Corps oper- The WRDA bill is bipartisan and will of our States. I personally fought for ations—Charles Brittingham knows play a critical role in addressing prob- critical provisions in this bill impor- more about the Corps operations and lems facing the communities. tant to Washington State, making sure worked tirelessly. These guys worked our Columbia Basin tribes have an op- I want to make sure everybody unfor several hours on this thing for derstands how long we have been talk- portunity to give their descendants— many, many weeks. Byron Brown nego- the ancient ones—a proper burial and a ing about the Flint, MI, tragedy. We tiated the coal ash. The coal ash issue have been talking about it for a long final resting place. I thank my col- is a huge issue. The States have been time. It is in here. The solution is in league for putting that in this bill and wanting this for a long period of time. here. The bill we just passed, that is an for keeping our ports competitive, It was a compromise, and everyone was appropriation, but the authorization which is extremely important in the happy with it. Pacific Northwest in our global mari- I wish to thank Jennie Wright, An- has to be there. I would say this: Since time economy, and making sure our drew Neely, Andrew Harding, Carter I am looking across at the two Sen- workforce is strong. I am proud it ad- Vella, Amanda Hall, Devin Barrett, and ators from Michigan, I know they are concerned with this. We have to under- dresses the needs of Flint, MI—and I Joe Brown. And from Senator BOXER’s see my colleagues from Michigan here staff, I don’t think we could have got- stand that without this authorization, tonight—communities that have been ten this done without the long hours of this bill, there would be no Flint relief, dealing with lead in their drinking Jason Albritton and others from her none whatsoever. water. This was a good bill. It was a staff, like Ted Ilston. The CBO staff I will yield some time to either of the good bill. came in and they worked very hard on two Senators from Michigan—Senator But as you have heard, at the last this. Aurora Swanson was always STABENOW—for any comments she minute, a poison pill rider concerning available. I thank the Senate legisla- wants to make about this. But I hope California water management, in the tive counsel, including Deanna she understands, as I yield time that face of a long-running drought, turned Edwards, Maureen Contreni, and Gary she would be requesting, that without another bipartisan bill into a very—as Endicott. this bill, there is nothing for Flint. you have heard—contentious, divisive We have a lot of people involved in The PRESIDING OFFICER. The Sen- bill. It is a bill that is especially prob- this. I don’t want people to think this ator from Michigan. lematic for our west coast States. is just another bill that came along Ms. STABENOW. Thank you very I thank my colleague from Wash- and it is time for it to be considered. much. First, I wish to thank the chair- ington, Senator CANTWELL, who has We could have done this a long time man of EPW for his very hard work on fought diligently, worked hard to get ago. We weren’t quite ready. It took behalf of the 100,000 people in the city us to where we are, and now has had to time for all of us to get together, and of Flint and his incredible staff, all of turn against this bill because she I think it is important. We have heard his staff who have been following this. knows the long-term consequences of others talk about one major provision Madam President, I ask unanimous this. This was a provision that was in the bill, and I wish to address that in consent to have printed in the RECORD added very late. There were no hear- a moment, but we should stop and a list of all of the staff. I want to make ings. There was no agreement. It think about what is in this. sure they are in the RECORD so we can wasn’t included in either the House or We have 30 new navigation, flood con- properly thank all of them. Senate versions of this bill, and then trol, and environmental restoration There being no objection, the mate- there was this backroom deal that set projects and modify 8 existing projects rial was ordered to be printed in the new precedent and undermined the En- based on reports submitted to Congress RECORD, as follows: dangered Species Act. It reduces con- by the Secretary of the Army. These Approps Vice Chair Barbara Mikulski: gressional oversight of water projects projects support our Nation’s economic Chuck Kieffer, Staff Director, Melissa Zim- in our Western States and could harm competitiveness and well-being by merman, Interior Approps; EPW Ranking Member Barbara Boxer: Bettina Poirier, our commercial, our recreational, and deepening nationally significant ports. Staff Director, Jason Albritton, Senior Advi- our tribal salmon fisheries along the Everyone here knows which ones we sor; EPW Chair Inhofe: Alex Hergott, Deputy entire west coast. are talking about. Staff Director, Susan Bodine, Chief Counsel; Environmental and conservation The bill also includes ecosystem res- Gary Peters: David Wineburg, LD, Bentley groups and west coast industries are toration in the Florida Everglades, Johnson, LA; Chuck Schumer: Gerry very opposed to this last-minute back- which will fix Lake Okeechobee and Petrella; Debbie Stabenow: Matt VanKuiken, room deal. I wanted to be here tonight stop the algae blooms on the Florida Kim Corbin, Aaron Suntag. to stand with my colleagues from the coasts. Ms. STABENOW. This is, on the one west coast. I will vote against this bill The bill includes ongoing flood con- hand, a very important time where we tonight because of the inclusion of this trol and navigation safety in the Ham- finally are saying to the people we last-minute rider, and I urge our col- ilton City project—that is in Cali- have been fighting for, for over a year: leagues to stand with us as well. fornia—and the Rio de Flag project in We see you, we hear you, and we are I yield the floor. Arizona. going to be able to get something done

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00072 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.109 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7003 so you can turn the faucet on and actu- have heard. They talk about the fishery—and giving it to Big Agri- ally have clean, safe water come out of drought provision as if something evil culture. the faucet. We all take that for grant- put that together. Well, the White We all need to come together. I rep- ed. House put it together. It was drafted by resent all of those interests, including I have to say it is also bittersweet, the U.S. Department of the Interior urban users and rural users and subur- though, when I look to my colleagues, and the U.S. Department of Commerce. ban users and farmers and the fishery. Senator BOXER and Senator CANTWELL, The savings clause—we have spoken As my friend MARIA CANTWELL pointed who have spent more time working about that. According to the White out when she had a voice this after- than anyone else I have worked with, House, the savings clause prohibits any noon—she said: Can you really think other than working with Senator Federal agency under any administra- about the long-range issue here, which INHOFE and his staff. They have worked tion from taking any action that would is if you drive out the salmon fisher- so hard to help us get to this point, violate any environmental law, includ- men, they are gone, and then all the only to find us in this situation being the Endangered Species Act and water can be taken away, and they cause of what the House did, where we the biological opinions. Don’t take my won’t be there? It is so sad to do such can’t all be unified. It is something I word for it; just ask Senator FEINSTEIN. a thing without a hearing—without a feel very sad about and regret deeply. We talked about this on the floor. hearing. Senator MURKOWSKI and Senator This was put together by those De- By the way, you can say anything. CANTWELL were very instrumental in partments, and the savings clause that You can say you are saving anything. spending hours and hours early on in is there is strong. And according to You can say it; it doesn’t mean it is the year trying to get something done them—not to me; I actually don’t know true. So let me say for the court as it related to the Energy bill. I regret that much about it, but they do be- record—because this is going to go to a that the Energy bill is not part of what cause this is their area of specialty— lawsuit immediately—if you are listen- is being done by the end of this year. they say this prevents any type of ac- ing and you are reading this, you can The Democratic leader, the majority tion. say anything. If you send a bomb over leader, certainly Senator PETERS, and I With that, I reserve the remainder of to another country and bomb the heck have been fighting together for a year my time. out of them and they say ‘‘Wait a and beyond in terms of what the people The PRESIDING OFFICER. The Sen- minute, this is an act of war,’’ you can of Flint need. ator there California. say ‘‘No, it isn’t. We said it wasn’t an But I want to say just one thing to Mrs. BOXER. Madam President, I act of war; we are just trying to teach really focus on this. There are many love my colleague. However, the White you a lesson.’’ You can say anything. It needs, there are many issues, but there House strongly opposes this rider, and is what you do that matters. And when are people whose health is literally we have it in clear writing. They issued you have operations language that says permanently damaged; 9,000 children that notice. They didn’t issue a veto you must use so much water, the max- under the age of 6 who have been so ex- because, as Senator STABENOW points imum water, even though the biologi- posed to lead that they may not have out, they are torn. cal opinion says that it will destroy the opportunity to have a healthy, full But let’s be clear. All we have to do the fishery, this is a real problem. life, where they can focus in the future is strip this poison pill and we have a I reserve the remainder of my time. as they otherwise would, because of de- gorgeous bill that saves Flint, that Mr. INHOFE. I would inquire as to velopmental concerns. So we have peo- helps us all, where we can smile and I how much time remains. ple who are in a crisis situation. This can leave here with a really nice lift in The PRESIDING OFFICER. The Sen- bill needs to get passed for them. They my step rather than leaving here sad ator from Oklahoma has 9 minutes re- have waited and waited while other that we are threatening a magnificent maining; the Senator from California things have been done the entire year. historical industry called the fishing has 21⁄2 minutes remaining. It is time for them to stop having to industry, where people go out and work Mr. INHOFE. Well, I just consulted wait. for their families on little boats, some with my staff. This is the opportunity for us to ac- of them big boats. So what we are say- I know you believe in this or you tually take an entire city—no place ing is we have no choice; we have to wouldn’t have said it, but the adminis- else in the country is there an entire swallow this poison pill and, thank tration cannot be opposed to this. As a city that has not been able to use their God, help the people of Flint, thank matter of fact, the administration water system because of fear of lead the Lord. God, we should have done drafted this. Everyone liked the under- poisoning. That is what is happening in that a long time ago. Oh my Lord, lying bill before the change was made, this community. And this bill author- thank you, JIM INHOFE, for your work but then the Department of—and I will izes funding to be able to fix that and on that. Thank you, DEBBIE and GARY repeat this. give them the dignity we all take for and all the staff. But now we have a ‘‘Section 4012 includes a savings granted of safe drinking water. circumstance where we are saying yes clause—a savings clause written by the Thank you. to that and no to our entire industry U.S. Department of Interior and Com- Mr. INHOFE. Madam President, re- on the entire west coast. And every merce’’—that is the White House— claiming my time, let me just say that single editorial in California, where— ‘‘that ensures that the entire subtitle I saw the other Senator from Michigan as my friend points out, the underlying must be implemented in accordance nodding with approval and agreement. bill—I have never gotten as much for with the Endangered Species Act, or So this can happen, and that is why California; I almost don’t want to say the smelt and salmon biological opin- it is in here. I have to say to both Sen- it—26 provisions, everything from Lake ions.’’ ators from Michigan—and we on this Tahoe to the Salton Sea, from the Sac- So I would just say, in response, they side worked very closely together to ramento River to the San Francisco are the ones who drafted that. make this happen. That wasn’t really Bay, to Orange County, the Inland Em- Here is a bill that everybody talked easy. But now there is an agreement, pire, Republican parts of my State, about—my friend from California and and I think that is a very important Democratic parts of my State, amazing myself included and more than half the part of this. work that was done. people. Then, when that provision was Let me mention one of the things the Yet, as we pass this, which we may put in by those two departments, all of Senator from Oregon made some com- because of the situation, I want every- a sudden it is a bad bill. That is what ments about, about Senator BOXER and one here to understand that there are I don’t understand and I don’t agree me, the things we have done together, people who are shivering and shaking with. They are very emphatic in their and we have. It does show, though, that because they know the water they need paper that they wrote, with their opin- we can disagree, but that doesn’t to support their livelihood is going to ions, putting this provision in. change my feelings about Senator be diverted away. This isn’t a drought The PRESIDING OFFICER. The Sen- BOXER. provision; this is taking water from ator from California. I want to conclude just by saying one group that desperately needs it to Mrs. BOXER. Madam President, I did something that I don’t think people sustain their business—the salmon not say this was a bad bill. I said this

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00073 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.111 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7004 CONGRESSIONAL RECORD — SENATE December 9, 2016 is a beautiful bill with a bad rider Senate the pending cloture motion, Under the previous order, all dropped on us. That was what I was which the clerk will state. postcloture time is expired. talking about, the bill that was placed The legislative clerk read as follows: MOTION TO CONCUR WITH AMENDMENT NO. 5144 on top of WRDA. It is awful. The White CLOTURE MOTION WITHDRAWN House said: We do not support the We, the undersigned Senators, in accord- Under the previous order, the motion kinds of proposals that have been put ance with the provisions of rule XXII of the to concur with an amendment is with- forward to address the water resource Standing Rules of the Senate, do hereby drawn. move to bring to a close debate on the mo- issues in California right now. VOTE ON MOTION TO CONCUR For every major newspaper in my tion to concur in the House amendment to Under the previous order, the ques- State to come out—I don’t think we Calendar No. 65, S. 612, an act to designate tion occurs on agreeing to the motion ever argue about this because it is a the Federal building and United States courthouse located at 1300 Victoria Street in to concur in the House amendment to California issue, it is a west coast Laredo, Texas, as the ‘‘George P. Kazen Fed- S. 612. issue. If it doesn’t bother you, fine, but eral Building and United States Court- Mr. RISCH. I ask for the yeas and the bottom line is, a beautiful bill was house.’’ nays. hijacked, and it is going to result in James M. Inhofe, Roger F. Wicker, Orrin The PRESIDING OFFICER. Is there a the loss of the fishing industry. I can G. Hatch, Johnny Isakson, John Cor- sufficient second? assure my friend, if you had a pro- nyn, Thad Cochran, Mike Crapo, Pat There appears to be a sufficient sec- posal—and you have had some—that Roberts, Bill Cassidy, John Hoeven, ond. threatened your oil industry, you are John Barrasso, Thom Tillis, John The clerk will call the roll. down there and I say: Fine, that is your Boozman, John Thune, Daniel Coats, Marco Rubio, Mitch McConnell. The senior assistant legislative clerk job. It is my job to defend my fishing industry. The PRESIDING OFFICER. By unan- called the roll. So there is nothing anyone can tell imous consent, the mandatory quorum Mr. CORNYN. The following Senator me that changes my mind, even though call has been waived. is necessarily absent: the Senator from this puts me in a tough, tough, tough The question is, Is it the sense of the Arkansas (Mr. COTTON). spot because the rest of the bill is Senate that debate on the motion to The PRESIDING OFFICER (Mr. beautiful and I greatly enjoyed work- concur in the House amendment to S. TILLIS). Are there any other Senators ing on it. But I know this stuff. Every 612 shall be brought to a close? in the Chamber desiring to vote? single fishery organization opposes it. The yeas and nays are mandatory The result was announced—yeas 78, It is opposed strongly. Even Trout Un- under the rule. nays 21, as follows: limited—you know those folks. They The clerk will call the roll. [Rollcall Vote No. 163 Leg.] don’t get involved that often. Every The legislative clerk called the roll. YEAS—78 Mr. CORNYN. The following Senator single major newspaper opposes it, Alexander Enzi Menendez every single environmental organiza- is necessarily absent: the Senator from Ayotte Ernst Mikulski tion. The White House said: We do not Arkansas (Mr. COTTON). Baldwin Feinstein Moran The PRESIDING OFFICER. Are there Barrasso Fischer Murkowski support the kinds of proposals that Bennet Franken Murphy have been put forward to address some any other Senators in the Chamber de- Blumenthal Gardner Nelson of the water resource issues. siring to vote? Blunt Graham Perdue Those are the facts. They are not The yeas and nays resulted—yeas 69, Booker Grassley Peters nays 30, as follows: Boozman Hatch Portman subject to interpretation. Brown Heinrich Risch So let’s be fair. We have a beautiful [Rollcall Vote No. 162 Leg.] Burr Heitkamp Roberts bill called WRDA. Standing on its own, YEAS—69 Capito Heller Rounds it is one of my proudest accomplish- Cardin Hoeven Rubio Alexander Enzi Mikulski Carper Inhofe Schatz ments that I share with my chairman, Ayotte Ernst Moran Casey Isakson Scott but this rider did not belong in it. Barrasso Feinstein Murphy Cassidy Johnson Shaheen Our position is, bring this bill down, Bennet Fischer Nelson Coats Kaine Stabenow Blumenthal Franken Perdue strip the rider. You will have agree- Cochran King Sullivan Blunt Gardner Peters Collins Kirk Tester ment, you will have the bill, and we Booker Graham Portman Coons Klobuchar Thune can all go home happily. I know that is Boozman Grassley Risch Corker Lankford Tillis Burr Hatch Roberts Cornyn Leahy Toomey a very heavy lift, but that is the ra- Capito Heitkamp Rounds tionale. I hope when this thing gets to Crapo Manchin Udall Carper Heller Rubio Cruz Markey Vitter court—and it will get to court—that Casey Hoeven Schatz Daines McCaskill Warner our words will be entered into the Cassidy Inhofe Scott Donnelly McConnell Wicker Coats Isakson Shaheen court record here. We know what we Cochran Johnson Stabenow NAYS—21 are talking about because we are from Collins Kaine Sullivan Boxer McCain Sasse Coons Kirk Tester the West Coast. Cantwell Merkley Schumer Corker Klobuchar Thune The PRESIDING OFFICER. The Sen- Durbin Murray Sessions Cornyn Lankford Tillis Flake Paul Shelby ator’s time has expired. Crapo Leahy Toomey Gillibrand Reed Warren Mrs. BOXER. All right. Cruz Manchin Vitter Hirono Reid Whitehouse Daines McConnell Warner The PRESIDING OFFICER. The Sen- Lee Sanders Wyden ator from Oklahoma. Donnelly Menendez Wicker Mr. INHOFE. Madam President, I am NAYS—30 NOT VOTING—1 Cotton about to yield back my time, except to Baldwin King Reid make one last comment. Boxer Lee Sanders The motion was agreed to. Everyone agrees it is a beautiful bill. Brown Markey Sasse f They talk about the rider, but the rider Cantwell McCain Schumer Cardin McCaskill Sessions came, not from someone else, it came Durbin Merkley Shelby DIRECTING THE SECRETARY OF from the Department of Commerce and Flake Murkowski Udall THE SENATE TO MAKE A COR- the Department of the Interior, and Gillibrand Murray Warren RECTION IN THE ENROLLMENT Heinrich Paul Whitehouse OF THE BILL S. 612 that is the administration. So they are Hirono Reed Wyden the ones that, I guess, made it into a The PRESIDING OFFICER. Under NOT VOTING—1 bad bill, but nonetheless it is a good the previous order, the clerk will re- bill. It is one we all want, and I encour- Cotton port H. Con. Res. 183. age my colleagues to support it. The PRESIDING OFFICER. On this The senior assistant legislative clerk Madam President, I yield back the vote, the yeas are 69, the nays are 30. read as follows: remainder of my time. Three-fifths of the Senators duly cho- A concurrent resolution (H. Con. Res. 183) CLOTURE MOTION sen and sworn having voted in the af- directing the Secretary of the Senate to The PRESIDING OFFICER. Pursuant firmative, the motion is agreed to. make a correction in the enrollment of the to rule XXII, the Chair lays before the The motion to refer falls. bill S. 612.

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00074 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.112 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7005 The PRESIDING OFFICER. Under ally now faces the prospect of going lutions echoing these arguments. Mr. the previous order, the concurrent res- through the extensive and intrusive President, I ask unanimous consent olution, H. Con. Res. 183, is considered discovery process in federal court. As a that a letter from the government of and agreed to. result, one of our closest partners in the Netherlands be printed in the The Senator from Arkansas. the war on terrorism could be ordered RECORD following my remarks. f by a Federal judge to turn over some of Nevertheless, I do believe a solution their most sensitive documents in can be found that provides justice for MORNING BUSINESS order to show that their official gov- the September 11 families while en- Mr. BOOZMAN. Mr. President, I ask ernments actions did not directly sup- hancing our national security. My opti- unanimous consent that the Senate be port the September 11 attackers. In- mism stems in no small part from the in a period of morning business, with deed, nothing in the recently declas- leaders involved. I understand Senators Senators permitted to speak therein sified portions of the September 11 MCCAIN and GRAHAM are working on for up to 10 minutes each. Commission Report suggests that our just such a compromise, and I fully The PRESIDING OFFICER. Is there ally’s government leadership had any support their efforts to achieve a just objection? role in the attack. resolution of this issue. Furthermore, Without objection, it is so ordered. We must consider how the technical we all owe Senator CORNYN a debt of f features of this change in the law will gratitude for his leadership in ensuring JASTA affect our national security. If we that justice is done. I am also greatly allow such lawsuits to proceed under encouraged that Senator SCHUMER is Mr. HATCH. Mr. President, today I the particulars of the newly enacted leading the Democratic efforts on this wish to share some of my thoughts on statutory language here in the United matter. an issue relating to the Justice Against States, we undermine the central The role of the Senate is to resolve Sponsors of Terrorism Act. premise of our objection to other coun- the great issues facing our Nation by Few dispute the noble goal of ensur- tries that might seek to modify their forging lasting consensus. We have nu- ing that justice is done for the families sovereign immunity laws by permit- merous such challenges in the past, of the victims of September 11. Time ting lawsuits against the United and I fervently believe that building after time, this body has acted to States. We could easily find ourselves such a solution is possible. I urge all honor the memories of the fallen from at the mercy of a foreign justice sys- my colleagues to help us move toward that terrible day, just as it should. But tem—one far different than our own—if this goal. in acting to honor the victims of Sep- someone filed suit in a foreign nation There being no objection, the mate- tember 11 and the grieving families against the United States and de- rial was ordered to be printed in the they left behind, we cannot lose sight manded that our government turn over RECORD, as follows: of other crucial policy goals that enjoy highly classified documents. If our gov- [From the New York Times, Sept. 28, 2016] broad bipartisan support, such as pre- ernment refused, that foreign court THE RISKS OF SUING THE SAUDIS FOR 9/11 serving important legal principles that could potentially exact serious con- (By the Editorial Board) protect the members of our Armed sequences, such as freezing American The Senate and the House are expected to Forces and perpetuate strong relations assets overseas. Worse yet, if other na- vote this week on whether to override Presi- with important allies. tions change their sovereign immunity dent Obama’s veto of a bill that would allow As an article in the December 6 edi- laws, foreign courts could potentially families of the victims of the Sept. 11 at- tion of the New York Times explains, begin to hold U.S. service members tacks to sue Saudi Arabia for any role it had there are ample concerns that indi- personally liable, both civilly and in the terrorist operations. The lawmakers should let the veto stand. vidual citizens of a close U.S. ally have criminally, for actions they have based funded terrorist activities and may The legislation, called the Justice Against upon the lawful orders of their superi- Sponsors of Terrorism Act, would expand an have assisted those who carried out the ors. exception to sovereign immunity, the legal September 11 attacks. In sum, once we begin to unravel sov- principle that protects foreign countries and Despite the claim that this ally has ereign immunity at home, we risk cre- their diplomats from lawsuits in the Amer- taken any official action to support the ating a cascade of unintended con- ican legal system. While the aim—to give September 11 attackers remains far sequences abroad. the families their day in court—is compas- from proven and, in fact, has been of These concerns are widely shared. In sionate, the bill complicates the United great and instrumental assistance that a recent op-ed in the Wall Street Jour- States’ relationship with Saudi Arabia and this ally has provided in prosecuting could expose the American government, citi- nal, former Attorney General Michael zens and corporations to lawsuits abroad. the war on terrorism, questions do re- Mukasey and Ambassador John Bolton Moreover, legal experts like Stephen main. made those very same arguments. They Vladeck of the University of Texas School of In response, the families of numerous also point out that the new law ‘‘shifts Law and Jack Goldsmith of Harvard Law September 11 victims looked to resolve authority for a huge component of na- School doubt that the legislation would ac- these questions through the courts. tional security from the politically actually achieve its goal. Specifically, they sought a change to countable branches—the President and Co-sponsored by Senator Chuck Schumer, Democrat of New York, and Senator John the law that greatly expands the abil- the Congress—to the Judiciary, the ity of a private individual to bring a Cornyn, Republican of Texas, the measure is branch least competent to deal with intended to overcome a series of court rul- suit in federal court against a sov- international matters of life and death. ings that have blocked all lawsuits filed by ereign nation. Heeding the calls for jus- In fact, I was particularly struck by the 9/11 families against the Saudi govern- tice from victims’ families, we recently the fact that the editorial boards of the ment. The Senate passed the bill unani- enacted the Justice Against Sponsors New York Times, the Wall Street Jour- mously in May, and the House gave its ap- of Terrorism Act law, and as a result, nal, the Washington Post, the Los An- proval this month. the scope of the legal principle known geles Times, and Bloomberg have all The legislation would, among other things, as sovereign immunity—here, the im- raised serious and substantial concerns amend a 1976 law that grants other countries broad immunity from American lawsuits— munity of a foreign government from a regarding the particulars of the new unless the country is on the State Depart- civil suit in our Federal courts—has legislation. Mr. President, I ask unani- ment’s list of state sponsors of terrorism been distinctly reduced. mous consent that some of these edi- (Iran, Sudan and Syria) or is alleged to have Again, there is nothing wrong with torials be printed in the RECORD fol- committed a terrorist attack that killed September 11 families seeking justice; lowing my remarks. Americans on United States soil. The new in fact, I laud them for their commit- Not only do these editorial boards be- bill would clarify that foreign governments ment and perseverance, which is why I lieve this is not in the best interest of can be held liable for aiding terrorist groups, supported the passage of this legisla- the United States, but so do our closest even if that conduct occurred overseas. Advocates say the measure is narrowly tion at the time and still strongly sup- allies as well. Specifically, officials drawn, but administration officials argue port its goals. Nevertheless, one of the from the European Union, the United that it would apply much more broadly and consequences of the exact language of Kingdom, and the Netherlands have all result in retaliatory actions by other na- the new statute is that our important written public messages or passed reso- tions. The European Union has warned that

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00075 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.195 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7006 CONGRESSIONAL RECORD — SENATE December 9, 2016 if the bill becomes law, other countries could The blame is bipartisan. Democrats want able lawsuit indefinitely, which makes one adopt similar legislation defining their own another income stream for their trial-lawyer wonder what the point of the bill is anymore. exemptions to sovereign immunity. Because campaign funders, while Republicans stam- Note, however, that this would require the no country is more engaged in the world peded because no one wants to be seen as de- executive branch to conduct negotiations so than the United States—with military bases, fending Saudi Arabia in an election year. We it could make the certification, even if it drone operations, intelligence missions and hope Republicans appreciate their hapless didn’t think such talks were warranted. And training programs—the Obama administra- cynicism. They get the votes to override Mr. the bill leaves it up to a court whether to tion fears that Americans could be subject to Obama for the first time, and it’s on a bill grant the initial stay. This is still too much legal actions abroad. that could help make New York Democrat power to give unelected, inexpert judges over The legislation is motivated by a belief Chuck Schumer Senate Majority Leader. a core function of the political branches. among the 9/11 families that Saudi Arabia These are the same dime-store Metternichs In short, to the extent the revised bill isn’t played a role in the attacks, because 15 of who denounce Donald Trump for being reck- merely symbolic, it’s mischievous. Mr. the 19 hijackers, who were members of Al less, though Mr. Trump also endorsed the Obama has repeatedly called it a precedent Qaeda, were Saudis. But the independent veto override. So did Hillary Clinton, who as other countries could easily turn against the American commission that investigated the a former Secretary of State knows better. United States. It is not a far-fetched con- attacks found no evidence that the Saudi The current Commander in Chief didn’t do cern, given this country’s global use of intel- government or senior Saudi officials fi- much to help. While he vetoed the measure ligence agents, Special Operations forces and nanced the terrorists. in the end, he did almost nothing along the drones, all of which could be construed as Proponents of the legislation cite two as- way to rally opposition. Harry Reid was the state-sponsored ‘‘terrorism’’ when conven- sassination cases in which legal claims were only Senate Democrat to support the veto, ient. Even if a future administration did suc- allowed against Chile and Taiwan. Adminis- and he’s not running for re-election. Mr. ceed in blocking a lawsuit, the mere filing of tration officials, however, say that those Obama expected the same Republicans he it could irritate the target country or coun- cases alleged the direct involvement of for- routinely portrays as evil to rescue him even tries. Members of Congress have repeatedly eign government agents operating in the as Mr. Schumer was waiting to ambush any claimed enough votes to override Mr. United States. Republicans who supported the Democratic Obama’s veto threat, and they may be right. The current debate is complicated by the President. Mr. Obama should carry it out anyway. If fact that Saudi Arabia is a difficult ally, at White House spokesman Josh Earnest long-standing principles of law and policy odds with the United States over the Iran called the Senate vote ‘‘the single most em- are to be discarded so lightly, at least let it nuclear deal, a Saudi-led war in Yemen and barrassing thing’’ it has done in decades and be done without his approval. the war in Syria. It is home of the fundamen- said it was ‘‘an abdication of their basic re- talist strand of Islam known as Wahhabism, sponsibilities.’’ But not nearly as embar- [From the Los Angeles Times] which has inspired many of the extremists rassing as the junior-varsity effort by his ALLOWING AMERICANS TO SUE FOREIGN GOV- the United States is trying to defeat. But it boss, who made it easy for Congress to tram- ERNMENTS OVER TERRORIST ACTS MAY is also a partner in combating terrorism. The ple him. SOUND LIKE A GOOD IDEA. IT’S NOT legislation could damage this fraught rela- (By LA Times Editorial Board) [From the Washington Post, Sept. 15, 2016] tionship. Riyadh has already threatened to From an emotional standpoint, the Justice withdraw billions of dollars in American- SHOULD WE LET 9/11 VICTIMS SUE SAUDI Against Sponsors of Terrorism Act has some based assets to protect them from court ac- ARABIA? NOT SO FAST. appeal. The bill, which is still being final- tion. (By Editorial Board) ized, aims to open U.S. courts to civil law- The desire to assist the Sept. 11 families is A BASIC precept of international law is suits by Americans against foreign govern- understandable, and the bill is expected to that sovereign nations, or their government ments tied to terror attacks in the United become law. The question is, at what cost? officials, should not be liable for official ac- States. Though it would be written broadly tions in the civil courts of other sovereign enough to encompass all the countries in the [From the Wall Street Journal, Sept. 28, nations. Sovereign immunity has stood the world, the bill has a clear target: Saudi Ara- 2016] test of time because it makes practical bia. Proponents say they want to allow fami- CONGRESS OVERRIDES OBAMA—TOO BAD IT’S sense. And it makes practical sense because lies of the nearly 3,000 victims of the 9/11 at- ON A BILL THAT WILL HURT U.S. INTERESTS the international deeds and misdeeds of gov- tacks seek damages in court if proof emerges Wouldn’t you know that Congress finally ernments are more equitably dealt with that the Saudi government supported the 19 challenges President Obama on foreign pol- through state-to-state negotiations than by al Qaeda hijackers, 15 of whom were Saudis. icy, and it’s in a bad cause that will harm hauling one country’s officials in front of the It may sound good, but it’s a bad idea. U.S. interests. Too bad the President did so judges and juries of another. Saudi Arabia isn’t the most embraceable of little to stop it. Alas, the Senate and the House have U.S. allies. It executes people with abandon, On Wednesday the Senate (97–1) and House unanimously voted to weaken this principle including 47 in one day in January on (348–77) overrode Mr. Obama’s veto of the in the noble-sounding cause of justice for charges ranging from involvement in terror Justice Against Sponsors of Terrorism Act American victims of alleged state-sponsored attacks to disloyalty. The royal family’s re- (Jasta) that will let victims of terrorism sue acts of terrorism. The legislation, sparked by pression of women—from its draconian dress foreign governments linked to such attacks. much-ballyhooed but so-far-unsubstantiated codes to its requirement that women be ac- Mr. Obama’s veto message rightly noted that claims of official Saudi collusion in the Sept. companied by male chaperones when leaving this break from the diplomatic principle of 11, 2001, attacks, would permit victims of the house—offends basic concepts of human sovereign immunity will take ‘‘consequen- acts of terrorism in the United States to sue rights and equality, as does its practice of tial decisions’’ about terrorism from Presi- alleged state sponsors for monetary damages imprisoning dissidents. The government em- dents and hand them to courts and private in federal court. Under current law, such braces public flogging as punishment for litigants. suits are permissible only against govern- some crimes, a judgment facing Palestinian The law is supposed to help the families of ments that the State Department has al- poet Ashraf Fayadh, who has been sentenced those killed on 9/11 to pursue Saudi Arabia, ready designated as sponsors of terrorism: to eight years in prison and 800 lashes. His the ultimate deep-pocket target. Never mind Iran, Syria and Sudan. The bill would enable offense? Apostasy, based on poems that the that there is no hard proof the Saudi govern- private individuals and their lawyers to add government said embraced atheism and ment was complicit in those attacks. Or that oil-rich Saudi Arabia, perhaps the ultimate spread ‘‘some destructive thoughts into soci- Americans can already sue nations that are deep-pocketed defendant, to that list. Some- ety.’’ officially designated as state sponsors of terday, other countries could find themselves in What’s more, the Saudis have close ties to ror. the dock, too. deeply unsavory organizations. The bill cur- This bill has no such limit, so all it takes Proponents describe the bill as a ‘‘narrow’’ rently making its way through Congress was is a trial lawyer to persuade a judge that a adjustment to existing law, and, to be sure, prompted, in part, by investigations showing foreign government is liable and we’re off to they have watered down more sweeping ear- that leading Saudis helped bankroll Al the races. Lawyers will have endless fun sub- lier versions in the face of veto threats from Qaeda, though the reports that have been re- poenaing documents and testimony from the President Obama and criticism from inter- leased so far have stopped short of linking U.S. and foreign governments that will com- national-law and national-security experts. Osama bin Laden’s terror group to the Saudi plicate American diplomacy and security. The revised bill allows the executive branch royal family or government. Speculation Supporters of the bill rejected any com- to freeze any given suit for 180 days, by certi- continues to swirl around 28 pages of an 838- promise, including language that would fying to a court that it is engaged in good- page congressional report on the 9/11 attacks limit lawsuits to 9/11 victims, which shows faith negotiations to resolve the plaintiff’s that were withheld as classified when the that the real game is to enrich the trial bar. claims with the defendant nation. Such a rest of the report was released in 2002. The The Saudis may now move to liquidate at stay could be extended for as long as the Saudi government has denied any complicity least some of their U.S. holdings so they State Department certifies that the negotia- in the attacks. The pages were ordered clas- don’t become hostage to lawsuits, and some tions are still ongoing. As long as an admin- sified by President George W. Bush, who said countries might retaliate against U.S. offi- istration is willing to jump through these he feared their release would divulge sen- cials. hoops, it could probably block an objection- sitive investigative techniques.

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00076 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.154 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7007 The Obama administration has been re- If other nations follow the Senate’s lead, as such. The latter would put a burden on bi- viewing the 28 pages and reportedly will soon no country would be a bigger, better, richer lateral relations between states as well as on declassify some of them. It ought to release target for lawsuits than the U.S. In Cuba and the international order,’’ the EU said. all of them. Iran, in fact, courts have already issued bil- The passage of JASTA came after sus- But regardless of the Saudi role in 9/11, it lions of dollars in judgments against Wash- picions that Saudi Arabia supported four of would be a big mistake to pass the bill, ington. Changing U.S. law might give them the 9/11 hijackers. Saudi Arabia has denied which would badly undercut the legal prin- and other nations so inclined a chance to ac- any support of the attack. ciple of ‘‘sovereign immunity.’’ Rooted in tually collect on such rulings. international law, sovereign immunity pro- This potential legal liability would hang [From The Telegraph, June 2016] tects governments from being held to ac- over the U.S. fight against global terrorism, WHY A U.S. LAW TO LET 9/11 FAMILIES SUE count in the courts of another country (with and leave the government liable for actions SAUDI ARABIA IS A THREAT TO BRITAIN AND some narrow exceptions). Obviously, the by U.S. troops in Afghanistan, Iraq, Syria ITS INTELLIGENCE AGENCIES downside of this is that it sometimes pro- and elsewhere. U.S. aid to Israel, for exam- (By Tom Tugendhatmp) tects bad governments from being punished ple, could leave it open to suits from Pal- The Justice Against Sponsors of Terrorism for their policies and actions. But on the estinians injured by Israeli troops. The en- Act (Jasta) that is making its way through other hand, it also serves as needed protec- tirety of U.S. foreign policy could be put on Congress is not intended as an attack on MI5 tion against trumped up or politicized pros- trial under the guise of seeking monetary or MI6, services that work so closely with ecutions in courts around the world. And be justice. the U.S. intelligence community. The law warned: If Congress strips governments ev- Acknowledging the importance of sov- was written with the intention of allowing erywhere of their protection in U.S. courts, ereign immunity does not require over- U.S. victims of terrorism to bring lawsuits in those countries will almost certainly adopt looking the Saudis’ role in the rise of Mus- American courts against the government of similar policies against the U.S. lim extremism: They have spent decades and Saudi Arabia and other nations whose state That would lead to a mish-mash of legal billions of dollars exporting their extremist bodies could be accused of offering a blind challenges, claims of damages, and com- Wahhabi version of Islam. Many Saudi char- eye—and even a helping hand—to sponsors of plicated international relations. Given the ities and individuals have directly supported terror. The Senate has already passed it, U.S. government’s disproportionate role in violent groups such as al-Qaeda. leading the Saudi government to threaten to foreign affairs, the potential exposure such a But the response to this activity properly sell the $750 billion in assets it holds in the measure would bring to the U.S. is ines- resides in the realm of diplomacy and trade timable. Expect to see civil claims by vic- U.S. policy, not in court, It is a slow, uneven Under the bill, U.S. citizens might sue the tims of collateral damage in military at- process, but change is possible—and there British government claiming a negligent tacks, lawsuits by people caught up in the are signs that the Saudi ruling family real- lack of effort to tackle Islamic radicalism in nation’s post–9/11 detention policies, includ- izes this. earlier decades. Some in the U.S. already ac- ing Guantanamo Bay, and challenges over No one can deny the right of the 9/11 fami- cuse Britain of tolerating radical preachers atrocities committed by U.S.-backed Syrian lies to truth and justice. They have already in ‘‘Londonistan’’ during the Nineties, an ap- rebels. Pretty much anywhere that U.S. poli- received billions from the victim compensa- proach they say spawned terrorism. Saudi cies have led to damages, those who suffered tion fund established by Congress, and two Arabia may be the target of the law, but it could potentially seek redress in their own separate government investigations spent could also have serious unintended con- courts, jeopardizing American assets over- years producing the 9/11 Commission report. sequences for Britain. seas, where the rule of law sometimes is A more productive exercise of congres- The act would expose the British govern- solid, but in other cases is a tool wielded for sional authority would focus on that re- ment to the possibility of revealing the se- political purposes. port—specifically, the so-called ‘‘28 pages’’ crets of intelligence operations in open Fearing its exposure in American courts, from the initial 9/11 investigation that re- court, or paying damages over alleged fail- Saudi Arabia has already threatened to sell main under seal. Many of the victims’ fami- ures to prevent terrorist attacks. Either out- $750 billion in U.S. assets that it says would lies, as well as other Americans, want to come would put the special relationship be at-risk if the proposed law goes into ef- know what is in those pages. under severe strain. fect. Under the bill, U.S. citizens might sue the The 9/11 attacks were horrific, and the Some lawmakers who have seen them say British government claiming a negligent losses suffered by the victims’ families are there is nothing damaging to national secu- lack of effort to tackle Islamic radicalism in incalculable. But the solution is not to open rity in them and they should be released. earlier decades. Some in the US already ac- this Pandora’s Box. If the Saudi government Others, including members of the 9/11 Com- cuse Britain of tolerating radical preachers is found to have supported the attacks, a res- mission staff, say they are filled with hear- in ‘‘Londonistan’’ during the Nineties, an ap- olution should be reached through diplo- say implicating prominent Saudi citizens. A compromise is not hard to envision: Re- proach they say spawned terrorism. macy, nation to nation, not through indi- Such critics cite cases such as the 2001 vidual claims in civil courts. lease the pages, along with an explanation from the commission as to why the allega- failed attack on an aircraft by Richard Reid, the shoe bomber. A petty criminal from [From Bloomberg, May 24, 2016] tions don’t hold up. Such an agreement would also serve the cause of truth and jus- Bromley and a Muslim convert, he was SUING THE SAUDIS WOULD MAKE THE U.S. A tice—without jeopardizing America’s moral radicalised at the Finsbury Park Mosque LEGAL TARGET and legal standing in the rest of the world. which was known to the police and MI5 as a (By the Editorial Board) base for extremist preachers. It’s not easy to defend an obscure legal [From The Hill, Sept. 21, 2016] A lawsuit brought under Jasta might force doctrine against claims for justice from the the UK government to reveal intelligence EU EXPRESSES CONCERN OVER 9/11 BILL victims of the worst terrorist attack ever to about the plot, why it failed to act and its take place on U.S. soil. But doing so has be- The European Union on Wednesday ex- reasons for doing so. Alternatively, Britain come a necessity, since Congress has decided pressed concern about the possible adoption would have to agree a financial settlement. to rewrite U.S. law on sovereign immunity. by Congress of a bill that would allow U.S. Either way, Britain’s reputation would be se- Last week the Senate unanimously passed citizens to sue Saudi Arabia over the 9/11 ter- verely damaged. the Justice Against Sponsors of Terrorism rorist attacks. Modern diplomacy is based on an old con- Act, which authorizes U.S. courts to hear The Justice Against Sponsors of Terrorism cept, sovereign immunity, which Britain civil claims for monetary damages against a Act (JASTA), which has bipartisan support adopted in 1648. It prevents the courts of any foreign state accused of direct involvement and passed both houses of Congress, would nation being used to harass government offi- in a terrorist act harming an American cit- amend the federal criminal code to permit cials. The bill before Congress would see the izen in the U.S. Under current law, almost lawsuits against foreign states and officials U.S. abandon that principle. Foreign govern- all foreign nations are immune from law- believed to be involved in terrorist attacks. ments, even friendly ones, would be exposed suits in U.S. courts. The White House is expected to veto it this to the U.S. courts and the prospect of judi- While the bill doesn’t name any particular week, arguing that the bill would lead to re- cial extortion to avoid revealing secret intel- country, it would enable the 9/11 families to ciprocal lawsuits against U.S. citizens, but ligence. That can only lead to a cooling of sue Saudi Arabia. Fifteen of the 19 hijackers Congress is expected to attempt to override relations and isolate the U.S. were Saudi citizens, and some officials and the veto. In a letter dated Sept. 19 obtained Dismissing cases brought under the new members of the royal family have long been by The Hill, the EU said ‘‘the possible adop- law would be harder, since the act also un- accused of involvement in the plot. Despite tion and implementation of the JASTA dermines the power of U.S. authorities to its wide support, President Barack Obama would be in conflict with fundamental prin- halt trials. Federal courts would no longer has promised to veto the bill. ciples of international law and in particular be able to rule on sovereign immunity pro- A veto would be well deserved, and before the principle of State sovereign immunity.’’ tections during a trial’s ‘‘motion to dismiss’’ members of Congress try to override it, they ‘‘State immunity is a central pillar of the stage. That would allow U.S. lawyers to ei- might want to consider the value of sov- international legal order. Any derogation ther force foreign states to disclose sensitive ereign immunity—and the nation that bene- from the principle of immunity bears the in- information and extort settlements. fits from it the most. (Hint: They represent herent danger of causing reciprocal action by There is a way to prevent the most dam- it.) other states and an erosion of the principle aging of cases. The U.S. president can invoke

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00077 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.155 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7008 CONGRESSIONAL RECORD — SENATE December 9, 2016 a state secrets privilege to bar certain ‘‘dis- lator whose unmatched work ethic and election to the U.S. House of Rep- coveries’’ of sensitive information, even in fiery commitment to principle stood resentatives, where she served for 10 private litigation. Under the current admin- out among his peers. As a young boxer, years before winning election to the istration, that may prove adequate protec- HARRY was renowned for being tough Senate in 1986. tion for an ally such as Britain. But given his disregard for international co-operation and tenacious in the ring; as a rising At the time Senator MIKULSKI began it seems reasonable to wonder whether a Senator, he was equally steadfast and her Senate service, she was one of only President Trump would ever invoke that determined. two female Senators. Today there are legal privilege, even on behalf of an allied Having spearheaded the passage of 20 female Senators. Next Congress nation. The decision would be completely at several high-profile pieces of legisla- there will be 21. Senator MIKULSKI has his discretion. Such is the power of the presi- tion, HARRY quickly won the respect of served as a role model and mentor for dency. his colleagues and earned a spot on the many of these leaders. She is the long- The Obama White House and the State De- partment are strongly opposed to Jasta. Democratic leadership team. He served est serving woman in the history of the They can see the potential for diplomatic for many years as the Senate Demo- U.S. Congress and retires as an icon for damage. They also realise the potential for cratic leader. But regardless of the many young women who dream of serv- revenge prosecutions in foreign jurisdictions. ranks he has achieved, HARRY’s first ing their country in elected office. The international banking system means and foremost commitment has always Senator MIKULSKI has been a leader that most of the world’s financial trans- been to the people of Nevada. for many years on health care, edu- actions are routed through computer servers Despite his years in Washington, cation, and veterans’ issues. She is the in the U.S. If the U.S. allows lawsuits HARRY never actually left Searchlight; first woman and first Marylander to against foreign governments for complicity he simply carries it with him wherever chair the Senate Appropriations Com- in terrorism, how long before a foreign court allows, case against the U.S. for negligence he goes. He holds close to his heart the mittee, one of the most influential over terrorist financing? painful memory of growing up in a committees in Congress. Senator MI- The Senate was mistaken to pass this bill dusty mining town with little hope and KULSKI has been a strong supporter of and the House of Representatives should re- limited opportunity. He embraces the our Nation’s space program throughout ject it. Sadly though, both Mr Trump and harsh experiences of a childhood spent her time in Congress and was instru- Hillary Clinton have said they would sign it. living in poverty and draws upon them mental in the creation and launch of Doing so would weaken the U.S. and damage to fuel his work in the Senate today. In the Hubble and Webb space telescopes. the special relationship. The world needs U.S. leadership and partnership. Jasta would his decades-long effort to empower so- She even has a supernova named after only leave us all more isolated. ciety’s most vulnerable, he has never her—Supernova Mikulski. forgotten where he came from or whom Senator MIKULSKI has fought long f he fights for. He has never forgotten and hard for the people of Maryland TRIBUTE TO HARRY REID Searchlight. and for the issues she believes in. She Mr. HATCH. Mr. President, today I Perhaps this is why he eschews the is tenacious and dedicated and knows wish to pray tribute to a selfless public trappings of public office and fre- how to get things done. I wish her the servant, a committed leader, and a quently skips the galas, gaudy dinners, very best as she moves on to her next dear friend: Senator HARRY REID. and other extravagant affairs that are endeavor. Growing up in the small town of part and parcel of the Washington so- f Searchlight, NV, Senator REID was no cial scene. Perhaps this is why he stranger to hardship. His father suf- avoids television interviews and rarely TRIBUTE TO DAVID VITTER fered from severe depression and his ever spends more than 10 minutes at a Mr. HATCH. Mr. President, today I mother worked long hours as a laun- political fundraiser—because, at the pay tribute to the senior Senator from dress to help support their struggling end of the day, no matter the titles he Louisiana, my friend DAVID Vitter. family. The Reids lived in a tiny tin receives or the awards he is given, he Over more than a decade, I have had shack with no toilet or telephone. They will always be that little boy from the privilege to get to know DAVID as a had limited access to schools, Searchlight. colleague and a friend. When he retires healthcare, and the basic comforts of Senator REID is among the most in January, he will be greatly missed. modern life. grounded of legislators. I have always DAVID is a New Orleans man, born From his hardscrabble youth, HARRY had the deepest admiration for his hu- and raised. In his younger years, he developed a fighting spirit that would mility, kindness, and compassion. Al- achieved impressive academic feats, later define his career in public service. though he and I have often disagreed graduating from Harvard and earning a That spirit was cultivated by his high on the issues, we have always agreed Rhodes scholarship to study at Oxford. school boxing coach, Mike on the values that make life worth liv- As he is fond of telling, after his time O’Callaghan, who would later become ing: namely, God, family, and service in England, he applied to three law Nevada’s 23rd Governor. More than a to country. Over many decades in the schools—Harvard, Yale, and Tulane— coach, O’Callaghan was a mentor. He Senate, he has served our Nation ex- and chose to attend the best of the taught Senator REID his first lessons in ceptionally well. Although he will be three: Tulane. civics and raised HARRY’s vision of missed in this Chamber, he has earned Just a few years later, he won a seat what he could accomplish, encouraging well-deserved golden years in his be- in the Louisiana House of Representa- him to pursue higher education and a loved home State of Nevada. I wish tives. There, he earned a reputation as life in politics. HARRY, his wonderful wife, Landra, and an ethics crusader—a reputation that Senator REID graduated with a bach- all the Reid family the very best. has stuck with him throughout his ca- elor’s degree in political science from f reer. Many observers credit him in no Utah State University and would later small part with the transformation of earn a law degree from George Wash- TRIBUTE TO BARBARA MIKULSKI his home state’s politics—once fa- ington University. While still a law Mr. HATCH. Mr. President, today I mously dominated by colorful but ethi- student, Senator REID worked nights as wish to pay tribute to BARBARA MIKUL- cally questionable characters—and he a U.S. Capitol Police officer to pay his SKI, who is retiring from the Senate should be rightfully pleased at the way through school. Shortly after fin- this year, having spent 40 years serving fruits his efforts bore for the State he ishing his law degree, he returned to the people of Maryland in Congress. loves. In Washington, his work to Nevada where he began climbing the Senator MIKULSKI has been a trail- strengthen ethics laws at the Federal ladder of State politics. Senator REID blazer all her life. She grew up in east level may not have always made him served as a city attorney, a State as- Baltimore and attended Mount Saint the most popular among his colleagues, semblyman, a Lieutenant Governor, a Agnes College and the University of but they reflect the same spirit of re- gaming commissioner, and a Congress- Maryland School of Social Work. She form and willingness to stand up for man before being elected to the Senate began her career as a social worker and what he believes in that have been the in 1986. community organizer before being hallmarks of DAVID’s career. Here in the Senate, HARRY distin- elected to the Baltimore City Council On the legislative front, DAVID has guished himself as a no-nonsense legis- in 1971. In 1976, Senator MIKULSKI won been a champion for his conservative

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00078 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.156 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7009 values and his beloved Louisiana. Tak- policy issues. In 2010, he was elected to pointed him Ambassador to Germany, ing office in 2005, he almost imme- the Senate and quickly set to work the where he developed a close working re- diately was faced with one of the great- following year championing infrastruc- lationship with future Chancellor An- est crises any senator in my tenure has ture reform that was critical to his gela Merkel and oversaw construction had to confront: Hurricane Katrina. As home State of Illinois. In 2012, MARK of a new embassy near the Branden- his State has faced Katrina’s devasta- faced perhaps his most significant burg Gate. tion and other natural disasters, challenge yet when he unexpectedly But DAN soon felt the pull of the Sen- Louisianans could always count on suffered a stroke that nearly took his ate again and decided to return to this DAVID to deliver for them, no matter life and left the left side of his body se- body in 2010, winning election to his what. Throughout, DAVID mastered the verely impaired. Rather than be de- old seat. Over the past 6 years, Senator skill of fighting as hard as anyone feated, MARK channeled all of his ener- COATS has again been a leader in tax when the situation called for it—as he gies in working towards recovery, and entitlement reform and has be- did as the top Republican on the Envi- spending countless hours working with come well known for his ‘‘Waste of the ronment and Public Works Committee, physical therapists to regain his abil- Week’’ speeches, in which he comes to pushing back against the overreach of ity to walk. the floor to highlight particularly egre- the EPA—and then turning right What motivated MARK most during gious examples of government waste around and making partners of those this difficult period was the desire to and abuse. who were his most entrenched oppo- continue serving the people of Illinois. Senator COATS has served the people nents—as he did by working with lib- Thanks to MARK’s unrelenting efforts of Indiana well. He has served our eral Democrats to update the Nation’s and the heartfelt prayers of family and country well. He has led the fight water infrastructure and pass a once- friends—including all of his colleagues against wasteful spending and helped in-a-generation reform of the Nation’s in the Senate—MARK miraculously re- keep our government accountable. I toxic chemical laws. covered and was able to return to his wish him, his wife, Marsha, and their DAVID’s work in the Senate has pro- work in the Senate, where he has family the very best. duced an impressive legacy for him and served out the remainder of his term for Louisiana. As he embarks on his with the utmost honor and distinction. f Senator KIRK offers all of us an unpar- next chapter, I send my best wishes to TRIBUTE TO KELLY AYOTTE him, his accomplished and lovely wife, alleled example of courage amid hard- Wendy, and his four children. ship and grace amid suffering. Mr. HATCH. Mr. President, in the Through his decades of dedicated U.S. Senate, seniority is the typical f service to our Nation, both here in route to influence. As Senators serve TRIBUTE TO MARK KIRK Congress and in the military, Senator longer, they typically acquire more Mr. HATCH. Mr. President, today I KIRK represents the very best this Na- powerful positions, more knowledge of pay tribute to the junior Senator from tion has to offer. His integrity, deter- how to work the levers of power, and Illinois, my good friend MARK KIRK. I mination, and fortitude in the face of more sway over their colleagues. Over know I speak for all of my colleagues adversity embody the very pinnacle of the course of my time in the Senate, I in expressing gratitude of his service American virtue. Today I would like to have had the privilege to serve with 352 on behalf of our Nation. When he leaves thank him for his courage, his commit- other Senators. While in my experience us in January, we will miss him dearly. ment, and his sacrifice. I wish MARK the longest serving ones on average do Senator KIRK was born in Cham- and his family all the best, and I hope indeed tend to make the greatest im- paign, IL, in 1959 and attended Cornell that he will continue his service to our pact, I have always been most im- University, where he graduated cum Nation in the years to come. pressed by the rare colleague that laude with a bachelor’s degree in his- f leaves an indelible mark after only a tory. He would later earn a master’s TRIBUTE TO DAN COATS relatively short time in this body. degree from the London School of Eco- KELLY AYOTTE is such a standout. Mr. HATCH. Mr. President, today I nomics and a law degree from the KELLY came to this body well pre- wish to pay tribute to my friend DAN Georgetown University Law Center. pared to make a difference. As New Coats. DAN has twice served the people His academic background in law and Hampshire’s first—and, so far, only— of Indiana as Senator, first in the late female attorney general, she left her history prepared him for a life in public 1980s and 1990s, and again for the past 6 service. mark across a wide swath of law and years. DAN is a man of integrity and a Senator KIRK first came to Capitol policy, from prosecuting the infamous leader in the fight against government Dartmouth College murderers to suc- Hill as a staffer, working for Congress- waste. He will be missed. cessfully defending New Hampshire’s man John Porter of Illinois. He quickly Senator COATS was born in Jackson, rose through the staff ranks to become MI, in 1943 and attended Wheaton Col- parental consent law before the U.S. Congressman Porter’s chief of staff be- lege in Illinois and Indiana University Supreme Court. fore leaving to take a post at the World School of Law. He served in the U.S. As soon as she arrived here in 2011, Bank and, later, at the State Depart- Army from 1966 to 1968, during which the Senator from New Hampshire ment. time he deepened his lifelong love of began to make her mark. Within a While still working on Capitol Hill, our country. short period of time, publications like MARK also pursued military service, DAN began his career in politics in the New York Times and Politico joining the U.S. Navy Reserve in 1989 1976 when he went to work for future began consistently referring to her as a as an intelligence officer. He was an ac- Vice President Dan Quayle, who at the rising star, and in 2012, her name pe- tive member of the Navy Reserve for time was serving in the House as a rennially surfaced as a contender for the next 24 years, retiring from the Representative from Indiana. When the Republican Vice Presidential nomi- military with the rank of commander. Representative Quayle decided to run nation. As a Navy officer, MARK’s duties took for the Senate in 1980, DAN ran for and How did KELLY gain such recognition him to conflict zones across the won Quayle’s House seat. so quickly? The answer is simple: world—from the forests of former DAN served four terms in the House through good old-fashioned hard work. Yugoslavia to the deserts of Iraq and before being appointed to the Senate in From her first day in the Senate, she the mountains of Afghanistan. For 1989 to fill the remainder of Senator hit the ground running. The wife of an more than a decade, MARK continued Quayle’s term after Quayle was elected Air Force combat veteran, she joined military service while simultaneously Vice President. DAN served in the Sen- the Armed Services Committee and working as a Congressman in the ate until 1999. He was a leader in tax poured her heart and soul into its House of Representatives. and entitlement reform and provided work. It took little time for her to be- While in the House of Representa- unwavering support to our Armed come one of the most powerful voices tives, MARK distinguished himself as a Forces. on the committee. On issues as wide prudent member of the Appropriations After Senator COATS retired from the ranging as protecting our servicemem- Committee and an expert on foreign Senate, President George W. Bush ap- bers from sexual assault to keeping

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00079 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.174 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7010 CONGRESSIONAL RECORD — SENATE December 9, 2016 dangerous terrorists detained at Guan- and Mike Hensley with the Kentucky able to buy guns out of State and sell tanamo, she made a real difference, en- Nature Conservancy, as well as mem- them out of the trunks of their cars in hancing our national security and ad- bers and supporters of the Rochester Chicago. vocating for our men and women in Dam Regional Water Commission, in- At Javon’s funeral, Congressman uniform. cluding Butler County Judge Executive DAVIS said this: ‘‘Not only Javon, but While defense and security policy has David Fields, Walt Beasley with the thousands and perhaps millions of proven her signature issue, KELLY’s in- Ohio County Water District, Damon other young people cannot exist on a fluence extends across the board. From Talley, and Gary Larimore with the regular, daily basis without the fear of creating jobs to protecting our envi- Kentucky Rural Water Association. not making it through the day. Some- ronment, she has proven an enor- f how, with all the technology that we mously effective advocate for families have, with all the know-how, all the in New Hampshire and across America, GUN VIOLENCE IN CHICAGO things that we as a nation have been willing to work across the aisle and Mr. DURBIN. Mr. President, more able to do, somehow or another we buck her own party to do what she than 4,100 people have been shot this have not had the will to stop the flow thinks is right for her State and the year in Chicago. And there have been of guns through inner cities.’’ Nation. Her work to combat the opioid over 700 homicides in the city this Well, we have a new President-Elect crisis merits particular praise. Both year, the vast majority of them due to who said during his campaign that he New Hampshire and Utah have been gun violence. This is unconscionable. was concerned about the shootings in particularly hard hit by the rise in this The American Medical Association has cities like Chicago. If President-Elect dangerous trend of substance abuse, declared that gun violence is a public Trump really wants to help Chicago, he which has wreaked havoc in the lives of health crisis in our nation. And it is. can work to stop the flood of guns com- so many. KELLY made it her mission to Every day in America, around 300 ing in to the city from States with do everything in her power to confront men, women, and children are shot. weak background check laws. He could this challenge, resulting in the Com- And every day about 90 of those shoot- work with the Vice President-Elect, prehensive Addiction and Recovery ing victims die. Gun violence touches the governor of Indiana, to stop letting Act. This landmark legislation will nearly every community in America. people buy guns without background make a real difference in the lives of so But no community has suffered more checks at gun shows in Northwest Indi- many in New Hampshire and across the than Chicago. ana. Hundreds of crimes in Chicago are Nation, and it will go down as one of The stories of Chicago’s shooting vic- being committed with guns that are the crown jewels of her legacy here in tims are heartbreaking. Here is one of brought into the city from Indiana. the Senate. them. America has had enough of politi- While I am deeply saddened that On November 18, Javon Wilson, the cians who are too scared of the gun KELLY will no longer be with us here in 15-year-old grandson of my friend Con- lobby to stand up and fix our laws so the Senate come January, I am com- gressman DANNY DAVIS was shot and we can keep guns out of the wrong forted by the fact that her best years of killed in a dispute over a pair of bas- hands. service to her State and Nation lie ketball shoes. It is hard to imagine a We also need to address the crisis of ahead. After some well-deserved rest more senseless and tragic killing. Con- poverty that affects many of our Na- with her family, it is my sincerest hope gressman DAVIS said of his grandson, tion’s most violent neighborhoods. We that she will continue her public serv- ‘‘He was a typical 15-year-old. He liked need to provide our young men and ice. In whatever capacity she chooses basketball. If you listened to him he women in these neighborhoods with to serve, she will always have a de- was a basketball star, but he liked bas- economic opportunity and a path to a voted supporter in me. ketball and music.’’ Congressman brighter future. This is going to re- f DAVIS went on to say that Javon’s quire a sustained commitment of re- grades had improved in school and that sources and investment at every level WRDA ‘‘his father had just told me about how of government. But it is an investment Mr. MCCONNELL. Mr. President, I proud of him that he was because he that will pay off. It will save lives and would like to highlight several provi- was catching on and realizing that all avoid the devastating costs of violence sions I worked to secure in the water his life was in front of him.’’ The two to our communities. resources bill that will be a great ben- suspects charged with Javon’s murder I will do all I can to make sure that efit to Kentucky and to my constitu- are a 16-year-old boy and a 17-year-old the Federal Government does its part ents. Included in the Water Infrastruc- girl. It was a dispute between kids that to help create growth and economic op- ture Improvements for the Nation Act turned into a deadly tragedy because of portunity in our most depressed neigh- is a provision I have worked on with easy access to guns. borhoods. But as we head into a year Paducah Mayor Gayle Kaler, Paducah My heart goes out to Congressman when the White House and Congress city manager Jeff Pederson, and Padu- DAVIS and his family. But thoughts and will be controlled by the Republican cah city engineer Rick Murphy that prayers are not enough when it comes Party, it will require cooperation from will advance a critical and comprehen- to reducing this epidemic of gun vio- the other side of the aisle. It is a moral sive flood wall infrastructure project to lence. We have had too many funerals, imperative, and it is an investment better protect residents and businesses too many families who now have to worth making. in Paducah from flooding. face an empty seat at the dinner table I am angry about the shootings that The bill also includes an important or walk past an empty bedroom, too injure and kill so many people in our provision that directs the U.S. Army many children who suffer the physical Nation. I will not be silent about the Corps of Engineers to transfer certain trauma of gunshot wounds or the men- need for action and reform. But I am inoperable lock and dam infrastructure tal trauma of witnessing a shooting. also hopeful. Even in the neighbor- along the Green and Barren Rivers in We have had too many of our fellow hoods of Chicago where the violence Kentucky to State and local entities. Americans getting shot while they are has been the worst, everywhere you My Green and Barren Rivers provision sitting on their porches or walking on look you will find determination and will allow communities to remove cer- their sidewalks. resilience. You will find mothers and tain aging infrastructure in an effort So many of these shootings could fathers and teachers and faith leaders to enhance river-based recreation and have been prevented. But there are and many others who are going the tourism. This language also allows the loopholes in our gun laws that make it extra mile to bring their children up Rochester Dam Regional Water Com- too easy for dangerous people to get safely and to provide them with love, mission to take control of the Roch- their hands on guns. It is absurd that faith, and hope for their future. They ester Dam—a critical water source for we have not closed the loopholes in our aren’t going to quit. And neither can citizens and employers in six coun- background check system—a step that we. ties—so the dam can be repaired and 90 percent of Americans support. And There is a lot of work we need to do better maintained. In this effort, I we have had enough of the gun traf- to address the public health crisis of would like to thank David Phemister fickers and straw purchasers who are gun violence. But we owe it to the

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00080 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.169 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7011 memory of Javon Wilson and so many her life. That is who Kappy is—always experience of any Supreme Court nomi- others to roll up our sleeves and get to going above and beyond the call of nee ever. Republicans and Democrats work. duty. She has a great heart and pours alike have recognized Chief Judge Gar- f it into everything she does. land as a brilliant and impartial judge I want to thank Steve—Kappy’s hus- with unwavering fidelity to the rule of KATHARINE ‘‘KAPPY’’ SCATES band of more than 56 years—their chil- law. In this day and age, he was as Mr. DURBIN. Mr. President, today I dren: Steve, Carole, Tim, Susie, and 18 much of a consensus Supreme Court want to say a few words about one of grandchildren—for sharing so much of nominee as one could find. The senior the most admired members of my staff, their wife, mother, and grandmother Republican Senator from Utah and Katharine ‘‘Kappy’’ Scates. Kappy is with the community. I also want to former chairman of the Judiciary Com- retiring at the end of the year. I don’t thank the entire Scates family, who mittee has previously noted that he know what we will do without her. Of- have lived in the Shawneetown area would be confirmed easily. It is not tentimes, public servants are in it for since the early 1800s. You can’t set foot hard to see why Chief Judge Garland the accolades—not Kappy. She, in her in southern Illinois without running has received significant bipartisan sup- own quiet way, just wanted to make a into a member of the Scates family. port in the past. When the American difference in people’s lives. They are the heartbeat of one of the Bar Association reviewed his nomina- Since 1996, when I first ran for the best parts of our State. The Scates tion, it unanimously awarded him its U.S. Senate, Kappy has been my eyes family farm is a well-known and re- highest rating of ‘‘Well-Qualified.’’ To and ears in southern Illinois. She is a spected family operation. In fact, it is reach that rating, lawyers from across retired elementary school teacher and not only one of the largest family the country assessed his integrity, pro- a friend of my predecessor and mentor farms in Illinois, it is known as one of fessional competence, and tempera- Senator Paul Simon. Kappy joined our the best. Throughout the years, the ment. One said, ‘‘Garland is the best campaign as a volunteer, and we all fell Scates family support and generosity that there is. He is the finest judge I in love with her. She not only knew ev- have meant more that I can express in have ever met.’’ Another said ‘‘He is a erybody, she was happy to drive the words. judge’s judge, with a very high stand- wheels off her car to be everywhere. In I will close with this. I believe in the ard and legal craftsmanship, a fine 1999, Kappy came to work for us in our role of public service to make a dif- sense of fairness to all parties, a meas- Marion, IL, offices. She quickly be- ference. Kappy’s years of service re- ured and dignified judicial tempera- came indispensable. flect that, too. Our Nation needs more ment, and the highest respect for law When it comes to southern Illinois, people like Kappy Scates. I couldn’t be and reasoned argument.’’ One even said Kappy is a human rolodex. From Carmi more proud of the work she has done— that Chief Judge Garland ‘‘may be the to Cairo, Kappy Scates is a household and the person she is. I am honored to perfect human being.’’ name. On my behalf, Kappy met with congratulate her on a job well done, And yet Republicans have refused to countless people. She listened to their and I am lucky to count her as a provide him with any process whatso- ideas and concerns—and did her best to friend. I wish Kappy, Steve, and her ever—no hearing, no vote. The result is help solve problems. And whatever the family all the best. that Chief Judge Garland is now the task, there isn’t a town in southern Il- f longest pending Supreme Court nomi- linois that Kappy can’t recruit a few nee in history. No Supreme Court folks to pitch in and help. People know NOMINATION OF MERRICK nominee has ever been treated this that when you are on Kappy’s side, you GARLAND way. Republicans set a new standard are on the right side. Mr. LEAHY. Mr. President, I have this year. It is the American people Let me give just one example. In served in this Chamber for 42 years and who have been harmed and spurned by Ridgway, IL, Kappy helped a dental served as chairman or ranking member this unprecedented blockade. clinic. It wasn’t easy; there were hur- of the Judiciary Committee for nearly Until this year, Senate Judiciary dles every step of the way. But Kappy two decades. I have seen a lot of de- Committee members had always taken would not take no for an answer. She bates, even contentious ones, and good- their responsibility seriously. Ever got all the equipment and convinced faith disagreements between Senators. since the Judiciary Committee started hygienists and a part-time dentist to But what Senate Republicans did this holding public confirmation hearings help out in this severely underserved year to shut down Chief Judge Merrick of Supreme Court nominees more than community. I got the credit, but it was Garland’s nomination to the Supreme a century ago, the Senate has never de- Kappy’s vision, hard work, and deter- Court—well, it might be the most out- nied a Supreme Court nominee a hear- mination that made it happen. rageous act of obstruction and irre- ing and a vote. I could go on about all those Kappy sponsibility that I have seen in my en- Even when a majority of the com- has helped, but let me tell just one tire time in the Senate. It is a dan- mittee has not supported a Supreme story—about a housekeeper at a motel gerous step toward politicizing our Court nominee, the committee has still where I often stay. Years ago, at 62 highest Court, in a judicial system that sent the nomination to the floor so years old, she told me that she had long has been the envy of the world. that all 100 Senators can fulfill their never in her life had health insurance— Now that there is a Republican Presi- constitutional role of providing advice not for a single day. She had worked as dent about to be sworn in, I predict and consent on Supreme Court nomi- a cook, waitress, and housekeeper, but that all of a sudden we will hear Re- nees. When I became chairman of the had never known the security of having publicans talking about the impor- Judiciary Committee in 2001 during the health insurance. She hadn’t even seen tance of the Supreme Court having its Bush administration, I and Senator a doctor in over 20 years. Enter Kappy full nine Justices. But make no mis- Hatch—who was then the ranking Scates. Kappy spent hours meeting take, these will be the same Senators member—memorialized in a letter this with her and helping her figure out a who turned their backs on the Court longstanding tradition regarding Su- solution. Finally, because of the Af- and the American people for nearly a preme Court nominees. The current Re- fordable Care Act and Kappy’s help year by refusing to fill the vacancy publican leadership has broken with signing her up—she was able to afford since February. this century of practice to make its health insurance for the first time in Senate Republicans cared more about own shameful history. But Senate Re- her life. But that is not the end of the preserving that vacancy for a Repub- publicans have spent 8 years insisting story. lican president than they did about an on a different set of rules for President You see, after my friend saw a doctor independent Supreme Court. The result Obama. for the first time in more than two dec- was that they blocked one of the most Republicans rolled the dice this year, ades, she was told she was diabetic. qualified Supreme Court nominees in subjecting the Supreme Court and the Fortunately, Kappy had stayed in this Nation’s history. Chief Judge Gar- American people to their purely polit- touch. She drove her to doctor appoint- land is an exceptional jurist with a ical gamble. They will tell us they have ments and helped get the critical medi- stellar record and impeccable creden- won. But there is no victor—for their cations she needed. It probably saved tials. He has the most Federal judicial partisan game, this body, the Supreme

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00081 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.163 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7012 CONGRESSIONAL RECORD — SENATE December 9, 2016 Court, and the American people all suf- dent Obama fairly with respect to his proven again that pure partisanship fered. As we go forward under the new judicial nominations’’ in comparison to matters more to them than ensuring President-elect, I urge those Repub- President Bush. That is not even close our courts have the resources they licans to think carefully about their to accurate. Even more to the point, need to uphold the rule of law and pro- own words about the voice of the our constitutional duty of advice and vide justice for all Americans. Repub- American people. I remind those Re- consent is not about comparing one licans have set a new standard for judi- publicans that, in last month’s elec- President to another. It is to ensure cial nominees: it involves confirming tion, Secretary Clinton received over our Federal courts have the judges only 11 nominees per year, routinely 2.5 million more votes from the Amer- they need in order to provide Ameri- holding nominees over in Committee, ican people than the President-elect. cans the speedy justice the Constitu- and routine cloture votes and roll call That is hardly a mandate for any Su- tion promises. And right now, that is votes on every district nominee. That preme Court nominee who would turn not the case when one of every nine is the way to ensure the President- back the clock on the rights of women, judgeships across the country is va- elect’s nominees are treated as ‘‘fairly’’ LGBT Americans, or minorities; or a cant. Currently, there are 13 judicial as President Obama’s nominees. nominee who would undermine safety emergency vacancies in Texas alone. In the President’s second full month net programs like Social Security, Compare the record of the Repub- in office, Senate Republicans wrote to Medicare and Medicaid, or the Civil lican Senate today to that of Senate him, demanding that he consult with Rights Act, the Fair Housing Act, or Democrats in 2008, when I was chair- them on judicial nominations. The the Voting Rights Act. man of the Judiciary Committee dur- President did just that. His first nomi- President Obama made the best posing the last 2 years of the George W. nee was David Hamilton of Indiana to sible choice for a Supreme Court nomi- Bush administration. Senate Demo- the Seventh Circuit, a nomination nee, and any other Supreme Court crats confirmed 68 judicial nominees, made in consultation with, and with nominee will face a difficult compari- accounting for two-thirds of all of the the support of the most senior Repub- son to Chief Judge Garland’s experi- judicial nominations President Bush lican Senator, Richard Lugar. Senate ence, brilliance, integrity, and support made in those 2 years. In contrast, Republicans nonetheless filibustered from across the political spectrum. since last January when Republicans the nomination. These were the same Republicans who used to claim that the Chief Judge Garland is an honorable, took the majority, they have con- filibustering judicial nominations was decent man and a model of public serv- firmed just 22 judicial nominees-barely unconstitutional. ice. What Senate Republicans have one-quarter of the nominations Presi- Since then, Senate Republicans have done to him is unfair and unwarranted, dent Obama has made during this Con- obstructed and delayed just about and it is an insult, not just to him, but gress. To reach parity with President every circuit nominee of this Presi- to all Americans who expect all of us Bush, this Senate would need to con- dent. They filibustered Robert to do our jobs and uphold our oath to firm an additional 31 nominees. We Bacharach’s nomination to the 10th the Constitution. could make that happen right now by Circuit, even though he had the sup- As the Republican leadership brings voting on the nominees currently pend- port of his two home State Republican the 114th Congress to a close, they do ing on the Senate floor. Senators. That was the first time a cir- so having established another record During the final year of the Bush ad- cuit nominee had been successfully fili- for inaction on judicial nominations. ministration, Senate Democrats con- bustered after receiving bipartisan sup- Despite the fact that there are dozens firmed 28 circuit and district nominees, port in Committee. That filibuster of qualified, consensus nominees pend- all of whom the Judiciary Committee meant that his confirmation was needing on the Senate floor right now, we reported to the floor that year. This lessly delayed for 8 months, after will finish this Congress having con- year, Republicans have allowed con- which he was confirmed unanimously. firmed just 22 judicial nominees in 2 firmations of just nine circuit and dis- When George W. Bush was President, years. That is the lowest number since trict nominees, each of whom the Judi- the average circuit nominee spent just Harry Truman was president. There are ciary Committee reported last year. So 18 days waiting for a vote on the Sen- currently 30 judicial nominees awaiting the majority leader has failed to even ate floor. The average circuit nominee a vote, all with the support of their begin this year’s work on nominees. of President Obama’s waited exactly home State Senators and bipartisan When the Senate operated under reg- 100 days longer than that. There is no support from the Judiciary Committee. ular order, consensus nominees like the good reason these nominees should We have not had a single confirmation ones we have pending on the floor were have had to wait six and a half times as vote on a judicial nominee since July. confirmed before long recesses and at long for a vote. Because the Republican leadership the end of the year. Instead, the Repub- Senate Republicans delayed con- shutdown judicial confirmations, the licans’ standard operating procedure firmation of Judge Patty Shwartz of number of judicial vacancies in our has been to refuse votes on consensus New Jersey to the Third Circuit for 13 Federal courts will increase to over 100 nominees. At the end of 2009, they re- months. They delayed confirmation of for the first time in almost 6 years, a fused to vote on 10 judicial nominees. Judge Richard Taranto to the Federal vacancy rate of nearly 12 percent. And At the end of 2010 and again in 2011, circuit for a full year. They delayed of those, the number of judicial emer- they left 19 judicial nominees pending, confirmation of Judge Albert Diaz of gency vacancies will exceed 40. almost all of whom were consensus North Carolina to the Fourth Circuit This did not happen overnight. It is nominees. At the end of 2012, they for 11 months. They delayed confirma- the result of a sustained effort that the blocked votes on 11 judicial nominees tion of Judge Jane Stranch of Ten- Republican leadership chose. If we had pending. After blocking 10 nominees at nessee to the Sixth Circuit and Judge just followed regular order, like them the end of 2013 and then 6 in 2014, Sen- William Kayatta to the First Circuit majority leader promised time and ate Republicans once again blocked 19 for 10 months. They delayed confirma- again, all of these nominees would have nominees at the end of last year. This tion of Judge Ray Lohier of New York been confirmed months ago. Repub- year, they set a new record by leaving to the Second Circuit for 7 months. licans cannot claim that President 30 judicial nominees pending. All 30 are They delayed confirmation of Judge Obama has not made enough nomina- qualified and have bipartisan support, Scott Matheson of Utah to the Tenth tions to solve this crisis. They cannot and there is no good reason we should Circuit, Judge Felipe Restrepo of Penn- say that he has not worked with them not have voted on them already or be- sylvania to the Third Circuit, and to find consensus nominees. Of the fore we adjourn this month. Judge James Wynn, Jr., of North Caro- nominees awaiting a vote, 13 have the The vacancy crisis has happened be- lina to the Fourth Circuit for 6 support of either one or two home cause 8 years ago, rather than adhering months. They delayed confirmation of State Republican Senators, and 28 were to regular order, Republican leadership Judge Andre Davis of Maryland to the reported by voice vote. granted the wishes of rightwing legal Fourth Circuit, Judge Henry Floyd of The majority leader has repeatedly groups who lobbied them to engage in South Carolina to the Fourth Circuit, come to the floor to justify his obstruc- ‘‘unprecedented’’ obstruction of Presi- Judge Stephanie Thacker of West Vir- tion by claiming he has treated ‘‘Presi- dent Obama’s nominees. They have ginia to the Fourth Circuit, and Judge

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00082 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.152 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7013 Jacqueline Nguyen of California to the nominations under his constitutional against just two of President Bush’s Ninth Circuit for 5 months. They de- authority. I said at the time that some district court nominees. Early in Presi- layed confirmation of Judge Adalberto called this blockade ‘‘nullification,’’ as dent Obama’s first term, 37 Senate Re- Jordan of Florida to the 11th Circuit, Republicans tried to thwart the will of publicans voted against two of his dis- Judge Beverly Martin of Georgia to the the majority of Americans who elected trict court nominees in 1 day. In my 42 11th Circuit, Judge Mary Murguia of President Obama in 2008 and again in years in the Senate, I have opposed clo- Arizona to the Ninth Circuit, Judge 2012. Little did the American people ture on a single district court nominee. Bernice Donald of Tennessee to the know that this blockade would be a I did so because of his personal involve- Sixth Circuit, Judge Barbara Keenan of precursor to what they would do with ment with efforts to intimidate Afri- Virginia to the Fourth Circuit, Judge his next Supreme Court nominee. can-American voters. Thomas Vanaskie of Pennsylvania to Republican obstruction and abuse of One important Senate tradition has the Third Circuit, Judge Joseph the filibuster also extended to district remained intact: the Judiciary Com- Greenaway of New Jersey to the Third court nominees under President mittee blue slip, which represents Sen- Circuit, Judge Denny Chin of New York Obama. It is particularly troubling ators’ important role in providing ad- to the Second Circuit, Judge Chris that many of these nominees were tar- vice and consent for the President’s Droney of Connecticut to the Second geted on the basis of actions they took nominees. During the almost 20 years Circuit, Judge David Barron of Massa- on behalf of clients. I remember what that I have served as chairman or chusetts to the First Circuit, and Chief Justice Roberts said at his con- ranking member of the Judiciary Com- Judge Carolyn McHugh of Utah to the firmation hearing: ‘‘[I]t’s a tradition of mittee, I have steadfastly protected 10th Circuit for 4 months. They delayed the American Bar that goes back be- the rights of the minority through confirmation of Judge Paul Watford of fore the founding of the country that both Republican and Democratic ad- California to the Ninth Circuit, Judge lawyers are not identified with the po- ministrations-and I have done so de- Andrew Hurwitz of Arizona to the sitions of their clients. The most fa- spite criticism from Democrats. I have Ninth Circuit, Judge Michelle mous example probably was John only proceeded with judicial nomina- Friedland of California to the Ninth Adams, who represented the British tions supported by both home State Circuit, Judge Morgan Christen of soldiers charged in the Boston Mas- Senators. I will put my record of con- Alaska to the Ninth Circuit, Judge sacre. He did that for a reason, because sistent fairness up against that of any Nancy Moritz of Kansas to the 10th Cir- he wanted to show that the Revolution chairman. Chairman Grassley has stat- cuit, Judge Stephen Higginson of Lou- in which he was involved was not about ed that he will continue the practice of isiana to the Fifth Circuit, Judge Ge- overturning the rule of law, it was requiring both blue slips before pro- rard Lynch of New York to the Second about vindicating the rule of law. ‘‘Our ceeding with a nomination, and I ap- Circuit, Judge Susan Carney of Con- Founders thought that they were not plaud him for that commitment. I hope necticut to the Second Circuit, Judge being given their rights under the Brit- he will continue to honor that commit- Cheryl Krause of New Jersey to the ish system to which they were entitled, ment, despite the criticism he might Third Circuit, Judge Jill Pryor of Geor- and by representing the British sol- receive. gia to the 11th Circuit, and Judge diers, he helped show that what they Kathleen O’Malley of Ohio to the Fed- were about was defending the rule of The blue slip matters because it pro- eral circuit for 3 months. Even though law, not undermining it, and that prin- tects the Senate’s constitutional role they have been approved by the Repub- ciple, that you don’t identify the law- in providing advice and consent on lican-led Judiciary Committee, the yer with the particular views of the cli- nominations. The Judiciary Committee three circuit nominees currently ent, or the views that the lawyer ad- and the Senate are not rubberstamps; awaiting votes have been pending for vances on behalf of the client, is crit- we are a check on Presidential power, months, too. Donald Schott of Wis- ical to the fair administration of jus- and we have a meaningful role in mak- consin, nominated to the Seventh Cir- tice.’’ ing recommendations to the President cuit, has been waiting for 6 months. To attack a judicial nominee on the and then evaluating nominees on their Jennifer Puhl of North Dakota, nomi- basis of work they did for a client is to individual merits. A fair and thorough nated to the Eighth Circuit, has been denigrate the rule of law and strike at confirmation process is how we give waiting for 5 months. Judge Lucy Koh, the very foundations of the American meaning to the checks and balances in of California, nominated to the Ninth legal system. It was wrong to filibuster the Constitution. Circuit, has been waiting for 3 months. Caitlin Halligan because special inter- Our Federal judiciary is also And then there was the unprece- ests disliked a position she argued at strengthened when it better reflects dented blockade of the D.C. Circuit, the direction of New York’s attorney the Nation it serves. I commend Presi- when Senate Republicans refused to general when she was that State’s so- dent Obama for having nominated such allow President Obama to fill any of licitor general. It was wrong to attack a diverse group of qualified judges. In three vacancies that still existed in Edward Chen because he had worked at his first term alone, President Obama 2013. Republicans tried to suggest that the ACLU and accuse him of having an appointed as many women judges as filling vacancies was ‘‘court packing’’ ‘‘ACLU gene.’’ And it was appalling to President Bush did during his entire 8 and tried to eliminate three seats from filibuster John McConnell because of years in office. In just those first 4 that court. This unfortunate tactic was his work on litigation against tobacco years, President Obama also nominated pioneered by one Senator 20 years ago companies. Nor was this limited to ju- more African Americans, more Asian to prevent President Clinton from ap- dicial nominations—the same shameful Americans, and more openly gay Amer- pointing an African-American judge to playbook was used against Debo icans than his predecessor did in 8 the Fourth Circuit, ultimately forcing Adegbile, an honorable and distin- years. This progress continued in President Clinton to recess appoint guished public servant who was nomi- President Obama’s second term, and Judge Roger Gregory as the first Afri- nated to serve as Assistant Attorney even without additional confirmations, can-American judge on that court. The General for the Civil Rights Division in he has appointed nearly twice as many filibuster, even as Senate Republicans the Department of Justice. It should women judges, more than two and a abused it again and again, had tradi- concern all of us that one of the leaders half times as many African-American tionally been reserved for ‘‘extraor- of this effort to undermine the adver- judges, and more than five times as dinary circumstances’’ and extending sarial system might be our next Attor- many Asian American judges as Presi- debates about the merits of individual ney General. dent Bush. All Americans can be proud nominees. President Obama made three Until Barack Obama was elected of the Senate and the President’s ef- excellent, highly respected nomina- President, we had a different standard. forts to have the Federal judiciary bet- tions to the D.C. Circuit, but Senate In all but the most extreme cir- ter reflect the public it serves. Republicans did not focus debate on cumstances, we deferred to home State Despite unrelenting Republican ob- their qualifications or their records. Senators and their work with the struction, President Obama worked Rather they claimed President Obama President to find the right nominee for hard with home State Senators to find should be denied the ability to make their state. In 8 years, I cast votes judicial nominees who were qualified,

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00083 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.152 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7014 CONGRESSIONAL RECORD — SENATE December 9, 2016 in the mainstream, and who helped en- Paul Oetken, the first openly gay man sent is a critical check on any Presi- sure the Federal judiciary reflects all confirmed to be a district judge; Judge dent, and by protecting the independ- Americans. President Obama’s nomi- Ramona Villagomez Manglona, the ence of the third branch, we uphold our nees included Judge Christina Reiss, first indigenous person to serve as a Constitution. The late Chief Justice the first woman to serve on the Dis- U.S. District Court Judge in the North- Rehnquist referred to our independent trict of Vermont; Judge Andre Davis, ern Mariana Islands; Judge Bernice judiciary as the crown jewel of our de- just the third African American to Donald, the first African-American mocracy, and he was absolutely right. I serve on the Fourth Circuit; Judge woman to serve on the Sixth Circuit; have worked to protect and strengthen Irene Berger, the first African-Amer- Judge Cathy Bissoon, the first woman that crown jewel during my time as ican Federal judge in West Virginia; of color to serve on the Western Dis- chairman and ranking member of the Judge Abdul Kallon, the third African- trict of Pennsylvania; Judge Sharon Senate Judiciary Committee, and I will American district judge in Alabama, Gleason, the first woman to serve on continue to do so in the years ahead. whose nomination to be the first Afri- the District of Alaska; Judge Morgan f can American from Alabama to serve Christen, the first woman from Alaska on a Federal appeals court is being to serve on the Ninth Circuit; Judge ATTORNEYS GENERAL IN blocked by that State’s Senators; Nannette Brown, the first African- CENTRAL AMERICA Judge Jacqueline Nguyen, the first Vi- American woman to serve as a Federal Mr. LEAHY. Mr. President, the etnamese American to serve as a Fed- district judge in Louisiana; Judge Northern Triangle countries of Central eral district judge and now the first Nancy Torresen, the first woman to America—El Salvador, Honduras, and Asian Pacific American woman to serve on the District of Maine; Judge Guatemala—face many similar chal- serve as a Federal circuit judge as well; Steve Jones, who became one of only lenges: poverty, gangs, violence, cor- Judge Dolly Gee, the first Chinese two active African-American Federal ruption, and organized crime. Another American woman to serve as a Federal judges in Georgia; Judge Paul Watford, one of these challenges is weak judicial judge; Judge Rosanna Peterson, the who is one of only two African-Ameri- systems. first woman to serve on the Eastern cans serving on the Ninth Circuit; For as long as anyone can remember, District of Washington; Judge Nancy Judge Adalberto Jordan, the first judges in these countries, no matter Freudenthal, the first female Federal Cuban-born judge on the 11th Circuit; how unqualified, have been selected judge in Wyoming; Judge Benita Pear- Judge Stephanie Thacker, the first through opaque processes which have son, the first African-American Federal woman from West Virginia to serve on benefited those with personal or polit- judge in Ohio; Judge Kimberly Mueller, the Fourth Circuit; Judge Shelley ical connections or the ability to curry the first woman to serve on the East- Dick, the first woman to serve on the favor. Attorneys general have often ern District of California; Judge Ed- Middle District of Louisiana; Judge turned out to be corrupt and in cahoots mond Chang, the first Asian American Landya McCafferty, the first woman to with organized crime, or they have Federal judge in Illinois; Judge Carlton serve on the District of New Hamp- been harassed and threatened to the Reeves, the second African-American shire; Judge Susan Watters, the first point that they have declined to pursue district judge in Mississippi; Judge woman to serve on the District of Mon- cases against powerful elites or have William Martinez, the second Hispanic tana; Judge Elizabeth Wolford, the left the country out of fear for their to serve on the District of Colorado; first woman to serve on the Western own safety or that of their families. Judge J. Michelle Childs, the second District of New York; Judge Debra But there are some signs that things African-American woman to serve on Brown, the first African-American are changing for the better. Today, the District of South Carolina; Judge woman to serve as a Federal judge in each of these countries has an attorney Tanya Pratt, the first African-Amer- Mississippi; and Judge Diane general who is working to end the his- ican Federal judge in Indiana; Judge Humetewa, the first Native American tory of impunity that has enabled al- Lucy Koh, the first Korean American woman to serve as a Federal judge. We most anyone, including members of the woman to serve as a Federal judge; can all be proud that our Federal bench police and armed forces, to get away Judge Gloria Navarro, then the only today better reflects the broad diver- with the most heinous crimes. woman and only Hispanic on the Dis- sity of our Nation and represents the In Guatemala, Attorney General trict of Nevada; Judge Barbara Keenan, best of the legal profession. Thelma Aldana Hernandez; in El Sal- the first woman from Virginia to serve However, the nominees that are vador, Attorney General Douglas on the Fourth Circuit; Judge O. being obstructed on the floor today in- Melendez Ruiz; and in Honduras, Attor- Rogeriee Thompson, the first African- clude Armando Bonilla, who would be ney General Oscar Fernando Chinchilla American and just the second woman the first Hispanic judge to ever serve Banegas have each shown that they to serve on the First Circuit; Judge Al- on the U.S. Court of Federal Claims; take seriously their responsibility to bert Diaz, the first Latino to serve on Stephanie Finley, who would be the act with professionalism and impar- the Fourth Circuit; Judge Mary first African-American judge to serve tiality in pursuit of justice. For doing Murguia, the first Hispanic and the on the Western District of Louisiana; so, they have each faced attempts to second woman from Arizona to serve Lucy Koh, who would be the first Ko- thwart their efforts through intimida- on the Ninth Circuit; Judge Denny rean American woman to be a circuit tion and threats. Chin, who upon confirmation to the court judge; and Florence Pan, who In the U.S. Congress we recognize the Second Circuit became the only active would be the first Asian American challenges and dangers they face, and Asian Pacific American judge on our woman on the district court in DC. I we strongly support them. No democ- circuit courts; Judge Marco Hernandez, am also disappointed that we have not racy can survive without a justice sys- the first Latino to serve as a Federal moved forward on the nomination of tem that has the confidence and re- judge in Oregon; Judge James Graves, African-American Judge Richard spect of the people. There is nothing the first African-American from Mis- Boulware to serve on the U.S. Sen- more fundamental to a credible justice sissippi to serve on the Fifth Circuit; tencing Commission. The Sentencing system than an independent judiciary Judge James Shadid, the first Arab Commission currently does not have a and professionally trained prosecutors American Federal judge in Illinois; single person of color serving as a com- who are trustworthy. Equal access to Judge Mae D’Agostino, the only missioner—yet it impacts criminal jus- justice is a necessity for all people, re- woman on the Northern District of New tice issues that deeply affect commu- gardless of economic status, race, reli- York; Judge Jimmie Reyna, the first nities of color. gion, ethnicity, gender, or political af- Latino on the Federal circuit; Judge In the 20 years that I have been filiation. Edward Chen, just the second Asian chairman or ranking member of the It is in the interest of each of these Pacific American to serve on the Judiciary Committee, I have worked attorneys general to share best prac- Northern District of California; Judge with Republicans and Democrats to en- tices; to collectively reinforce the im- Arenda Wright Allen, the first African- sure that our committee has provided a portance of investing in stronger judi- American woman to serve as a Federal fair and thorough process for judicial cial institutions; to develop a joint district judge in Virginia; Judge J. nominees. Our power of advice and con- strategy for using their offices to help

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00084 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.152 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7015 promote economic and social develop- BUDGETARY REVISIONS spending associated with this provi- ment and the rule of law; and to estab- Mr. ENZI. Mr. President, section 251 sion, $1,416 million in revised nonsecu- lish a regional mechanism for col- of the Balanced Budget and Emergency rity budget authority and $25 million lecting and sharing information to sup- Deficit Control Act of 1985, BBEDCA, in outlays, eligible for an adjustment port crime prevention, investigations, establishes statutory limits on discre- under the Congressional Budget Act. and prosecutions. tionary spending and allows for various Finally, Division B provides funding It is also critically important that adjustments to those limits, while sec- for the Department of Defense and U.S. they continue to work cooperatively tions 302 and 314(a) of the Congres- international affairs entities for coun- with regional independent judicial in- sional Budget Act of 1974 allow the terterrorism and other national secu- stitutions, like the International Com- chairman of the Budget Committee to rity efforts. These provisions are des- mission Against Impunity in Guate- establish and make revisions to alloca- ignated as being for overseas contin- mala, the Mission to Support the Fight tions, aggregates, and levels consistent gency operations/global war on ter- Against Corruption and Impunity in with those adjustments. The Senate is rorism pursuant to section Honduras, the Inter-American Commis- considering the Further Continuing 251(b)(2)(A)(ii) of BBEDCA. These des- sion on Human Rights, and the UN and Security Assistance Appropria- ignations make the spending associ- tions Act, 2017, the House Amendment High Commissioner for Human Rights. ated with the division, $5,775 million in to the Senate Amendment to H.R. 2028, revised security budget authority, Before I was a Senator, I was a pros- which provides for continuing appro- $4,300 million in revised nonsecurity ecutor. I know the challenges of the job priations for fiscal year 2017 and full- budget authority, and $4,387 million in and that there is nothing more impor- year appropriations related to U.S. na- outlays, eligible for an adjustment tant for a prosecutor than having the tional security and disaster relief and respect, the trust, and the support of recovery efforts. under the Congressional Budget Act. the people. Sections 185–192 of this legislation As a result, I am increasing the budg- As a Senator, I have long served as provides emergency funding for dis- etary aggregate for fiscal year 2017 by either the chairman or ranking mem- aster relief and recovery efforts. In $14,195 million in budget authority and ber of our Judiciary Committee. I have total, these provisions provide $2,704 outlays by $4,892 million. Further, I am strongly defended the principle of inde- million in revised nonsecurity budget revising the budget authority and out- pendence of the judiciary as a corner- authority that produce $480 million in lay allocations to the Committee on stone of a democratic system of gov- outlays in fiscal year 2017. This legisla- Appropriations by increasing revised ernment. Judges should be selected tion includes language that designates nonsecurity budget authority by $8,420 these provisions as emergency funding transparently on the basis of profes- million, revised security budget au- pursuant to section 251(b)(2)(A)(i) of sional qualifications, temperament, thority by $5,775 million, and increas- BBEDCA. The inclusion of these des- and integrity. ing outlays by $4,892 million in fiscal ignations makes this spending eligible year 2017. And as the chairman or ranking for an adjustment under the Congres- I ask unanimous consent that the ac- member of the Appropriations sub- sional Budget Act. committee that funds our foreign as- Section 192 of the legislation also companying tables, which provide de- sistance programs I will continue to provides funding for disaster relief and tails about the adjustment, be printed support attorneys general who, like the recovery efforts, but designates the in the RECORD. three I have mentioned, have coura- provision as being for disaster relief There being no objection, the mate- geously demonstrated a commitment pursuant to section 251(b)(2)(D) of rial was ordered to be printed in the to upholding the rule of law. BBEDCA. This designation makes the RECORD, as follows: REVISION TO BUDGETARY AGGREGATES (Pursuant to Section 311 of the Congressional Budget Act of 1974 and Section 102 of the Bipartisan Budget Act of 2015)

$ in Millions 2017

Current Spending Aggregates: Budget Authority ...... 3,212,522 Outlays ...... 3,219,513 Adjustments: Budget Authority ...... 14,195 Outlays ...... 4,892 Revised Spending Aggregates: Budget Authority ...... 3,226,717 Outlays ...... 3,224,405

REVISION TO SPENDING ALLOCATION TO THE COMMITTEE ON APPROPRIATIONS FOR FISCAL YEAR 2017 (Pursuant to Sections 302 and 314(a) of the Congressional Budget Act of 1974)

$ in Millions 2017

Current Allocation: Revised Security Discretionary Budget Authority ...... 551,240 Revised Nonsecurity Category Discretionary Budget Authority ...... 518,531 General Purpose Outlays ...... 1,182,122 Adjustments: Revised Security Discretionary Budget Authority ...... 5,775 Revised Nonsecurity Category Discretionary Budget Authority ...... 8,420 General Purpose Outlays ...... 4,892 Revised Allocation: Revised Security Discretionary Budget Authority ...... 557,015 Revised Nonsecurity Category Discretionary Budget Authority ...... 526,951 General Purpose Outlays ...... 1,187,014 Memorandum: Detail of Adjustments Made Above OCO Program Integrity Disaster Relief Emergency Total

Revised Security Discretionary Budget Authority ...... 5,775 0 0 0 5,775 Revised Nonsecurity Category Discretionary Budget Authority ...... 4,300 0 1,416 2,704 8,420 General Purpose Outlays ...... 4,387 0 25 480 4,892

WRDA structure Improvements for the Nation and Leader REID and their counterparts Act, the Blackfeet Water Rights Set- in the House of Representatives for Mr. DAINES. Mr. President, I wish to tlement Act is ready to be sent to the working with the Montana delegation recognize today as a historic day for President’s desk. We thank Chairman throughout this process to enact this Montana and the Blackfeet people. BARRASSO, Chairman INHOFE, Ranking long-awaited water settlement. With the passage of the Water Infra- Member BOXER, Leader MCCONNELL,

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00085 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.176 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7016 CONGRESSIONAL RECORD — SENATE December 9, 2016 The Blackfeet tribe has been working improve six significant drainages and NATIONAL DEFENSE for better access to quality water and a several Federal water structures that AUTHORIZATION BILL better livelihood for decades. In 1989, are some of the oldest and most in need Mr. PETERS. Mr. President, I wish the tribe initiated negotiations with of repair in the country. The compact to applaud the passage of the National the Montana Compact Commission. will also keep wildlife and fish habitat Defense Authorization Act. This week, Shortly thereafter in 1990, the Depart- healthier and municipal water supplies the Senate overwhelmingly passed the ment of the Interior appointed a Fed- cleaner. Furthermore, it upholds agree- NDAA Conference Report, and I am eral negotiation team to assist in ments by the State that will strength- proud that the final bill includes my achieving a negotiated settlement of en irrigation for neighboring farmlands Fairness for Veterans provision. the tribe’s reserved water rights called Montana’s golden triangle for its We have far too many servicemem- claims. The State of Montana and the wheat, barley, and hay production. bers who are suffering from trauma re- tribe then reached an agreement in 2007 In order to ensure nearby productive lated conditions like posttraumatic in the form of a compact which settled farmlands remain productive well into stress disorder or traumatic brain in- the tribe’s water rights to avoid costly the future, early drafts of the Federal jury. Unfortunately, many of these litigation, allow the tribe to build and legislation provided funding for the servicemembers have received a less- repair much-needed water infrastruc- Four Horns infrastructure and for a than-honorable discharge, instead of ture, and protect access to water for mitigation fund for Pondera County the help and assistance they have neighboring communities like Birch Canal and Reservoir Company, PCCRC, earned. Last year, I introduced the Creek water users off the reservation. and other water users on Birch Creek. Fairness for Veterans Act. I am proud On March 16, 2009, the Montana State As farming investment decisions re- to say that a modified version of that House passed the agreement by an quire certainty for the long-term, these bill was included as an amendment to overwhelmingly bipartisan vote of 87– funds remain necessary to ensure the National Defense Authorization 12, and on March 20, 2009, the Montana neighboring families have the cer- Act. State Senate passed the agreement by tainty necessary to mitigate any im- The Peters provision ensures liberal a nearly unanimous vote of 48–2. Crit- pacts if the tribe’s ability to exercise consideration will be given to petitions ical to ensuring strong bipartisan sup- its Birch Creek water rights impact for changes in characterization of serv- port in the State legislature was ensur- communities’ access to water. ice related to PTSD or TBI before dis- ing potential impacts to all water users charge review boards. It also clarifies In 2015, the State, tribe, and PCCRC could be adequately mitigated pursu- that PTSD or TBI claims that are re- agreed to additional changes to the leg- ant to the Birch Creek Agreement. lated to military sexual trauma should islation to address the Department of Federal legislation to authorize the also receive liberal consideration. Compact was first introduced in 2010 the Interior’s position that the Federal I would like to thank my col- Government should not provide mitiga- and has been reintroduced every Con- leagues—Senators DAINES, TILLIS, and tion funds as a matter of Federal pol- gress since, including in the 114th Con- GILLIBRAND—for joining me in leading gress by Senator TESTER and myself icy, and as a result, Federal mitigation the charge on this very important and Representative ZINKE. Since its funding was eliminated from the Fed- issue. In addition to being a bipartisan initial introduction, the administra- eral legislation. effort, this has also been a bicameral tion has been negotiating with the I appreciate the State of Montana’s effort. I would like to thank Represent- tribe and the State to resolve impor- commitment to ensure that potential atives MIKE COFFMAN of Colorado and tant Federal concerns relating to cost, impacts to Birch Creek water users TIM WALZ of Minnesota who introduced cost sharing, Federal interests, and will be fully mitigated by the State as the companion bill in the House and Federal responsibilities. On February 3, called for by the Birch Creek Agree- have supported the NDAA provision. 2016, the legislation passed the Senate ment and the Blackfeet Water Com- Additionally, I would like to thank Committee on Indian Affairs for the pact. I trust that the State of Montana the many veteran service organizations first time, marking the first com- will uphold this commitment, as doing that advocated tirelessly on behalf of mittee vote on Indian water rights leg- so remains an important aspect of the this legislation. These organizations islation in more than 5 years. On May passage and implementation of the knocked on doors, wrote letters, held 24, 2016, the House Committee on Nat- Blackfeet Water Rights Settlement. press conferences—whatever it took to ural Resources held a hearing on the I also recognize that Blackfeet Na- have their voices heard. legislation, and on July 22, 2016, the tion is not the only Indian tribe to hold I would like to recognize Iraq and Af- Department of the Interior and Justice reserved water rights in the Milk River ghanistan Veterans of America, Dis- issued a letter to House Natural Re- Basin. The Gros Ventre and Assini- abled Veterans of America, Military sources Committee Chairman ROB boine Tribes of the Fort Belknap In- Officers Association of America, the BISHOP certifying that enacting the dian Community have long awaited American Legion, Paralyzed Veterans much needed Blackfeet Water Rights settlement of their water rights as of America, Vietnam Veterans of Settlement Act was a net benefit for well. This bill includes language to America, Veterans of Foreign Wars, the American taxpayer. protect the ability for the two Tribes United Soldiers and Sailors of Amer- On November 15, 2016, through the to reach an agreement regarding each ica, and Swords to Plowshares. diligence of the entire Montana delega- Tribe’s rights on the Milk River, and I Finally, I would like to thank one tion, the House Committee on Natural look forward to working with stake- veteran in particular: Kristopher Gold- Resources passed the legislation out of holders on an agreement moving for- smith. After serving his country, Kris committee, and on September 15, 2016, ward. faced his own struggles with PTSD the Senate passed the legislation as after serving in Operation Iraqi Free- part of the Water Resources Develop- I commend the Blackfeet Tribe and dom. Determined, Kris has channeled ment Act. Today’s action, final passage Chairman Harry Barnes, who have been his personal struggles into advocacy on of S. 612, the Water Infrastructure Im- diligent and patient in seeing this set- behalf of his fellow veterans. He was re- provements for the Nation Act, marks tlement forward. I commend our State lentless in his quest to ensure that the first time legislation authorizing for its commitment to the Blackfeet former servicemembers looking to get the water rights settlement has passed tribe and Indian Country in Montana. a change in service characterization both Chambers of Congress. Indeed, it I am thrilled to get this through Con- had a fair shot. I thank Kris for his has been a long road for this water gress and look forward to the Presi- service, as well as for his determina- compact. I am proud to get it over the dent’s signature and to working with tion. finish line today. the tribe and local community next Servicemembers who are coping with The Blackfeet water settlement will year to finally put it into action, start- invisible wounds inflicted during their not only establish the tribe’s water ing with securing the Federal funding service and receive a related bad paper rights but will also facilitate real, tan- necessary to ensure much-needed water discharge should not lose access to ben- gible benefits for the Blackfeet and infrastructure authorized in this set- efits they have rightfully earned. That surrounding communities. The bill will tlement becomes a reality. is why we must ensure all veterans get

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00086 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.162 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7017 the fair process they deserve when peti- ing them to come out of the shadows and many other students together as tioning for a change in characteriza- and make incredible contributions to they work toward their goals. tion of their discharge. Fairness for their communities. After graduation, Denisse intends to Veterans will do just that. Nearly half of DREAMers—370,000— specialize in emergency medicine and While I am proud that the final live, work and are educated in Cali- work in low-income communities to NDAA bill includes Fairness for Vet- fornia. They are an essential part of provide health care to families like her erans—make no mistake—there is still the fabric of our communities and it is own that too often go without needed a great deal more work to be done. I so important for people and the Presi- treatment. Parts of California, particu- will continue working with the Defense dent-Elect to know the very real, larly our rural communities, are very Department to ensure that discharge human side to this issue. short on doctors. We desperately need review boards are providing the appro- I would like to begin with the story people like Denisse who want to work priate consideration when reviewing of one talented and ambitious Califor- in communities most in need of skilled PTSD and TBI related appeals. nian who has taken full advantage of health care professionals. I applaud the passage of the National the opportunity she had been given by Without the DACA program, Denisse Defense Authorization Act, and I in- the DACA program. wouldn’t be able to obtain the license tend to continue fighting on behalf of Denisse Rojas arrived in the United required to practice medicine. She our Nation’s veterans. Thank you. States when she was just 10 months would not have the proper work au- old, brought here from Mexico. Like thorization or accompanying docu- f many of our immigrant ancestors, her ments. And our country would be de- LEGISLATION OBJECTION parents wanted to make a better life nied a highly qualified, motivated doc- Mr. WYDEN. Mr. President, in ac- for her and her siblings. tor. cordance with my policy to put a no- Denisse’s family is similar to many DREAMers are also working in class- tice in the CONGRESSIONAL RECORD undocumented families in California. rooms across the country. Jaime whenever I place a hold on legislation, After arriving in Fremont, CA, her fa- Ballesteros came to the United States I object to any unanimous consent re- ther worked full-time in a restaurant from the Philippines when he was 11 quest to pass H.R. 6438, a bill to extend while pursuing his high school diploma years old. the waiver of limitations with respect at night. He excelled in school but knew that Her mother attended community col- to excluding from gross income being undocumented would make it lege part-time for 7 years to earn her amounts received by wrongfully incar- much harder to go to college. nursing degree. Denisse excelled in Jaime’s English teacher encouraged cerated individuals. I object not be- high school, graduating with a 4.3 GPA. him to pursue private scholarships, and cause I disagree with the policy under- She attended U.C. Berkeley, one of the he enrolled in Drew University, a top lying this proposal—in fact, I support top public universities in the Nation, school for teachers. it—but because the Senate cannot pass to study biology and sociology. Jamie was admitted into the DACA this singular bill ignore the long list of Denisse dreamed of going to medical program during his junior year of col- other tax proposals that are out- school, driven in part by a family mem- lege. He obtained a work permit and standing or expiring at end of this Con- ber’s early death from cancer. The dis- said filing his taxes for the first time gress; among them clean energy and in- ease was diagnosed at a late stage be- was ‘‘one of the happiest days of my frastructure incentives that create cause the family’s immigration status life.’’ good-paying jobs, an education incen- made it impossible to afford health in- Jamie wanted to give back to stu- tive that makes a college degree more surance. dents facing the same challenges he affordable, provisions to make homes Denisse worked as a waitress and did, and he joined Teach for America. more affordable to the middle class and commuted an hour each way to classes Today he serves as a 7th grade science protect struggling homeowners from a because she couldn’t afford to live on teacher at KIPP Academy of Innova- tax bill if they negotiate mortgage campus. After graduation, she volun- tion, a STEM charter middle school in debt relief. teered at San Francisco General Hos- east Los Angeles. f pital. Now, I would like to explain the ap- Today, Denisse is attending medical plication process these young people go DACA school in New York at one of the coun- through. They need to pay a nearly $500 Mrs. FEINSTEIN. Mr. President, I try’s top programs, and she is on track application fee and provide a wide wish today to speak about the need to to earn her degree in 2019. To help range of documents to U.S. Citizenship protect undocumented young people, other students navigate the admissions and Immigration Services showing commonly referred to as DREAMers, process and pursue careers in health their identity; proof they came to the from deportation by preserving the De- and medicine, Denisse cofounded a na- United States before their 16th birth- ferred Action for Childhood Arrivals tional nonprofit organization called day; proof that they were present in Program, or DACA. Pre-Health Dreamers. United States on June 15, 2012; proof President-Elect Trump has threat- Pre-Health Dreamers has connected that they have continuously lived in ened to eliminate the program, which an incredible network of students, and United States since June 15, 2007; and would have serious consequences for I would like to introduce you to just a confirmation that they are or have families and communities across the couple of them: Oscar Hernandez is a been students or honorably discharged United States, particularly those in medical student at U.C. Irvine. He grew military veterans. Potential DACA re- California. up in San Diego’s Barrio Logan neigh- cipients must also undergo a criminal That is why I join my colleagues in borhood and received his bachelor’s de- background check, during which fin- the Senate to urge that President- gree in physiology and neuroscience gerprints and photographs may be col- Elect Trump allow young people to from U.C. San Diego. Oscar is being lected. Those with felony convictions continue to study, work, and live in specially trained to address the unique or three or more misdemeanors are in- our country. challenges in providing health care to eligible for the program. Once ap- The DACA program was announced California’s Latino communities—a proved, DREAMers must reapply every by President Obama in 2012. It tempo- growing need in our State. 2 years. The renewal process allows the rarily halts the threat of deportation Seung Lee is a medical student at the Department of Homeland Security to for undocumented young people who David Geffen School of Medicine at ensure young people still meet the pro- were brought to the United States as UCLA. His family immigrated to the gram’s requirements. children before their 16th birthday. United States from South Korea in Despite the program’s success, exem- DACA also provides the opportunity 1998. Seung is also pursuing a career in plified by young people like Denisse, to obtain work permits and the docu- medicine because he wants to help re- Oscar, Seung, Jamie, and many others, ments often required to enroll in col- duce inequality by increasing access to President-Elect Trump has threatened lege. health care in his community. to immediately rescind the program. Around 750,000 young people have Through Pre-Health Dreamers, There is a very real fear that DREAM- been admitted to the program, allow- Denisse has helped bring Oscar, Seung, ers and their families could be targeted

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00087 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.184 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7018 CONGRESSIONAL RECORD — SENATE December 9, 2016 for deportation under his administra- NOMINATION OF MARY MCELROY TRIBUTE TO HARRY REID tion. The fear is compounded because Ms. STABENOW. Mr. President, Mr. REED. Mr. President, I join with DREAMers trusted the government today I wish to honor the service of my my fellow Senator from the State of with their home and work addresses, friend, the Senator from Nevada, and Rhode Island, Senator WHITEHOUSE, to school information, family details, and the Democratic leader, HARRY REID. urge this body to confirm Mary other personally identifiable informa- Senator REID’s career on Capitol Hill McElroy to the U.S. District Court for tion. began long before any of us. My office has received hundreds of the District of Rhode Island. Back in 1961, Senator REID came to calls and emails from Californians who Ms. McElroy is an eminently quali- work at the U.S. Capitol for the first have been admitted to the program, fied and dedicated public servant whose time, though not as a Member. their families and friends, as well as nomination was reported unanimously While Senator REID was working his others who support DACA because they to this body by the Judiciary Com- way through Law School, he spent his have seen the benefit to their commu- mittee in January of this year. She, nights as an officer for the U.S. Capitol nities. I would like to share just some along with 20 other district court Police, the force that protects the U.S. of the feedback I have received. A pro- nominees from States represented by Congress, in order to support his fam- fessor from the University of San Fran- Members from both sides of the aisle, ily. cisco shared that a student sobbed in has undergone the required rigorous Senator REID is an inspiration to us her arms in the first class after Elec- vetting process and passed through all and an incredible fighter. tion Day. And a wife from Forest Lake committee only to have her nomina- By the way, I do mean that literally. feared that her husband’s status would tion stalled on the floor of this body. We all know about his early career as be revoked and their family could be We should confirm all of these nomi- a boxer. separated. nees right now before the 114th Con- In fact, two champion ‘‘Boxers’’ in She wrote, ‘‘Under a Trump presi- gress draws to a close. the Senate are retiring at the end of dency, I, a U.S. citizen, may need to this session, and we are going to miss leave my home and start a new life in I have been proud to support Mary’s both of them. Mexico. Family is family, and where nomination at every step of this proc- I also mean that HARRY REID never my husband goes, I go.’’ ess. Her legal career has spanned more gives up. This is unacceptable and not the than 20 years from her time as a para- When he was in high school, he America I know. We can’t allow whole legal in the Rhode Island Attorney walked 40 miles twice a week so he communities in this country to live in General’s office while attending law could get an education. fear. school at night, clerking for Associate When he and his wife Landra fell in Upon his election, President-Elect Justice Donald F. Shea of the Rhode Is- love—he was told by her family that Trump said he wants to be the Presi- land Supreme Court, private practice, they could never be together. They dent for all Americans. I would urge and her work in the State and Federal have had a lifelong love affair and are him to meet some of these young peo- public defender offices. Throughout her so proud of their five children and now ple. He would see that DREAMers are career, she has shown the highest lev- their grandchildren. fiercely patriotic. els of integrity and professionalism and From the beginning in public service, He would see that, in every way that earned the respect and support of Senator REID has fought for the best matters, DREAMers are Americans. Rhode Island’s law enforcement com- interests of the people of Nevada and They were educated here, they work munity. the American people. here, they pay taxes, and they con- In the Nevada State Assembly, he tribute to communities across Amer- It is a shame that this Congress may wrote Nevada’s first air pollution legis- ica. come to a close before Mary can relation and worked on issues like con- And he would see that they want to ceive what I am sure would be a very sumer protection and public land be accepted and integrated into Amer- strong floor vote in favor of her con- usage. ican society. firmation. Mary has the full support of As chair of the Nevada Gaming Com- Unequivocally stating that he will her home State and the legal commu- mission, he ignored threats and cleaned not overturn DACA and will not target nity to assume this role and no asser- up the gaming industry. DREAMers for deportation would send tion to the contrary has been made at Since being elected in the Senate in a strong message that President-Elect any time since her nomination by the 1987, Senator REID’s accomplishments Trump is serious about turning the President. Should we not take up and are almost too numerous to count. The page from the toxic campaign rhetoric pass her nomination this week, as we list goes on and on. Through it all, he and being a President for all Ameri- should have for all these intervening has never ever given up. He has fought cans. months since the action by the Judici- to defend the environment of his beau- In the event that President-Elect ary Committee, it is my hope that her tiful home State. Trump doesn’t change course, Senators nomination returns to this body and is He made strides in combatting ALS— DICK DURBIN and LINDSEY GRAHAM have given a fair hearing swiftly in the new writing legislation creating a registry committed to introducing legislation year. that provides researchers with the crit- to extend deferred action status for Mr. WHITEHOUSE. Mr. President, I ical knowledge they need to combat those who currently have it. would like to associate myself with all that terrible disease. I will join this effort. I want to be of the comments made by Senator He has shepherded some of the most crystal clear: this Senator will not sit REED. With 90 judicial vacancies in our critical legislative accomplishments in by and do nothing if these young peo- Article III courts and 32 judicial emer- the past 8 years through the Senate. ple are targeted for deportation. gencies, there is no excuse for failing He led the effort to create and pass We have a moral obligation to do all the American Recovery and Reinvest- we can to shield the DREAMers from to confirm nominees who have been reported to the Senate floor. ment Act, saving millions of jobs. He deportation and keep their families to- helped our economy begin to recover. gether. This is not a matter of politics. Mary McElroy has undergone the He was responsible for making sure This is about what is right as Ameri- nomination and committee processes the ACA passed in 2010. So many people cans and human beings. with grace and dignity. These processes have gotten the care they have needed, Denisse, Oscar, and Seung deserve are intense and time-consuming. She, their lives have been saved, by the the opportunity to earn their medical her husband, Bob, and their two chil- work that he has done. degrees. Jamie deserves the oppor- dren, have put their lives on hold in As leader of the Caucus, he has been tunity to continue teaching. They and order for her to accept this responsi- responsible for bringing so many of us other DREAMers deserve the oppor- bility as a public servant. Mary and the into this Chamber. tunity to give back to their country— 20 other district court nominees await- He said it himself: ‘‘You have to the United States of America—and I ing a floor vote—many of whom have stand up, even when you think you’re pledge that I will work to give them waited for over than a year—should be not gonna win, if you think some- that opportunity. confirmed immediately. thing’s right.’’

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00088 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7019 He stood up. He fought the good missed by both her colleagues and her The Aloha spirit was definitely fight. He fought for all of us. I know constituents. present. that he still have so much to give. It is no surprise that the people of The next day, BARBARA told me that Senator, thank you for your incred- Maryland have chosen, over and over the dinner was very special and gave ible service. Thank you for being such again, to send this extraordinary lead- her a better understanding about what a generous and wonderful friend to me er back to the Senate on their behalf. it must be like to be in Hawaii. It and to my family. I wish you, Landra, Today there are 20 women Senators, meant a lot to me for BARBARA to and your family many more years of but when BARBARA MIKULSKI first de- make that observation because Hawaii happiness and good work. We will all cided to ‘‘suit up’’ and run for the Sen- truly is a special place where embrac- miss you dearly. ate, women in public office at any level ing and caring for others, our ohana, is f were a rarity indeed—rarer still in this how we aspire to live. body. BARBARA has shown her Aloha spirit TRIBUTES TO BARBARA MIKULSKI Thirty years after President Reagan, to me and so many others throughout Mr. WARNER. Mr. President, today I campaigning for her opponent in that her time in public service. I will miss wish to pay tribute to a dear friend and first Senate race, predicted that BAR- her wit, leadership, drive, and compas- colleague, Senator BARBARA MIKULSKI, BARA MIKULSKI would go the way of sion. as she retires after three decades in the other short-lived fads like the ‘‘Edsel, Aloha, BARBARA, and a hui hou, U.S. Senate. the hula hoop, and the all-asparagus ‘‘until we meet again.’’ Senator MIKULSKI has been serving diet,’’ Senator MIKULSKI retires from f the people of Maryland in one form or the Senate as the longest serving another for more than 50 years. woman in Congressional history. TRIBUTE TO BARBARA BOXER From her time as a social worker So while she may be leaving us here Ms. HIRONO. Mr. President, today I helping at-risk children and seniors, to in the Senate, one of Senator BARB’s wish to recognize the contributions of the Baltimore City Council, to her four greatest legacies may be inspiring gen- my colleague and friend, Senator BAR- decades of service in the United States erations of American women to follow BARA BOXER. While her distinguished Congress, Senator MIKULSKI has always in her footsteps. time in the House and Senate comes to been a strong champion for women, for Senator MIKULSKI, thank you for a close at the end of the 114th Con- working families, and for Maryland. your service and your friendship. gress, she will continue to be engaged On the rare occasion I have found Ms. HIRONO. Mr. President, I wish to and serve her community. myself on the other side of an issue recognize the many accomplishments During her more than 30 years in the from Senator MIKULSKI, as we in Vir- of my colleague Senator BARBARA MI- House and Senate, BARBARA worked ginia occasionally have been, I actu- KULSKI, the dean of the Senate women. tirelessly to create a better future for ally find myself wishing Maryland had When she took office during the 100th all Americans. When she first an- a little bit less of a tenacious advocate Congress in 1987, BARBARA was the first nounced that she would run for the in the Senate than BARBARA MIKULSKI. Democratic woman Senator elected in Senate in 1990, BARBARA declared, ‘‘I But luckily for me, I have much more her own right. There were only two will be running based on issues of the often had the good fortune to be stand- women Senators at the time, BARBARA environment, a world of peace, eco- ing side-by-side with Senator MIKUL- and Nancy Kassebaum. Certain expec- nomic prosperity, individual freedom SKI. tations that we could consider arcane, of choice and freedom of the arts.’’ I have been proud to work with her such as women were expected to wear This declaration defined her time in and learn from her on a great many skirts or dresses on the floor, were still Congress. issues which will remain her legacies in place. In 1993, BARBARA, Nancy, and Becoming the first woman to chair even after she leaves the Senate. their staffs mounted a simple protest— the Senate Committee on Environment In her position on the Senate Appro- they wore trousers on the Senate floor. and Public Works reflected her decades priations Committee, for instance, ‘‘The Senate parliamentarian had of dedication to protecting the environ- Senator MIKULSKI has been instru- looked at the rules to see if it was ment. BARBARA was unafraid to take mental in making sure the Federal okay,’’ she recounted. ‘‘So, I walk on on big oil, and fought to block oil drill- Government abides by its commit- that day and you would have thought I ing in the Arctic National Wildlife Ref- ments to Metro, and we have worked was walking on the moon. It caused a uge in Alaska. She also led the effort in together to improve oversight of the big stir.’’ the Senate to invest in the develop- system’s safety. As someone who rarely wears skirts ment of clean energy technology and to In an environment where they are and only wears pantsuits on the Senate strengthen protections for our oceans. more often treated as political punch- floor, I and many others are grateful. BARBARA knew that, for many, ing bags than like the dedicated public This simple act of commonsense defi- achieving ‘‘economic prosperity’’ servants they are, Federal employees ance, if you will, in a body steeped in meant attaining a college education. have always known that they can tradition, exemplifies BARBARA’s ap- But the soaring cost of college keeps count on Senator MIKULSKI to have proach to getting things done and get- them from attaining a degree. Each their backs. ting on with the important matters of year, BARBARA was one of the strongest Senator MIKULSKI might occasionally the day. That she is a trailblazer goes leaders to ensure that college students have trouble reaching the micro- without saying. have access to Pell grants, which near- phones—but when it comes to the Throughout her time in the Senate, ly half of college students in our coun- issues affecting women, children, work- BARBARA has fought for equal pay for try depend upon. BARBARA’s advocacy ing families, and Maryland, Senator equal work. The gender pay gap costs moved the ball forward, and I was MIKULSKI’s voice is nearly always the women hundreds of thousands of dol- proud to join her in crafting a caucus- loudest voice in the room. lars over their lifetime. She led the wide bill that included our provisions Today there are more students in charge in the Senate to pass the Lilly to strengthen and protect Pell grants, school, more women in the workforce, Ledbetter Fair Pay Act, and I am and lower interest rates on student and fewer seniors living in poverty as a proud to stand with her in calling for debt. result of her determination and her the passage of the Paycheck Fairness BARBARA also never forgot her prom- leadership. Act and other equal pay proposals. ise to protect ‘‘freedom of choice.’’ She It is well known in this body that As our dean, usually over dinner, we authored the Freedom of Choice Act of Senator MIKULSKI is a force of nature, get to know each other on a personal 2004, which would have affirmed that with a wit to match. level. In a body where these opportuni- ‘‘every woman has the fundamental Her signature one-liners aren’t just ties are rare, it matters. During the right’’ to make her own reproductive funny—though they usually are—but summer of 2014, it was my turn to host health decisions. Without fail, BAR- she also has a way of cutting to the our gathering. I greeted each Senator BARA leads us each and every time that heart of the issue and speaking directly with a lei, served local food from Ha- access to reproductive health care to people that I know will be greatly waii, and hosted a hula performance. comes under attack.

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00089 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.181 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7020 CONGRESSIONAL RECORD — SENATE December 9, 2016 While BARBARA’s departure leaves diction, helping Congress to pass the term limit pledge he had made to his the Senate without one of its strongest Comprehensive Addiction and Recov- Hoosier constituents and did not run champions for the environment, col- ery Act, CARA, to improve prevention for reelection to the Senate. lege affordability, and reproductive and treatment, support those in recov- For many people, 18 years in Con- rights, we will continue to fight for ery, and ensure first responders have gress might be enough, but Senator these core priorities as she would have the tools they need. She helped to pass COATS was just getting started. After done. legislation to reauthorize the Violence he left the Senate, he joined the pres- It has been a privilege to serve along- Against Women Act, crack down on tigious law firm of Verner, Liipfert, side a steadfast champion like BAR- sexual assault in the military, make Bernhard, McPherson and Hand. In BARA. college campuses safer, and improve 2001, then-President Bush nominated She has served Maryland with utter mental health first aid training and Senator COATS to be Ambassador to the conviction, and I know she will con- suicide prevention programs. Federal Republic of Germany. He ar- tinue to be a progressive force in this Senator AYOTTE has followed in the rived in Germany just 3 days before the new chapter of her life. footsteps of other Republican Senators September 11, 2001, terrorist attacks. Aloha, BARBARA, and a hui hou, from New England, such as Robert In the aftermath of 9/11, Ambassador ‘‘until we meet again.’’ Stafford of Vermont and John Chafee Coats established excellent relations f of Rhode Island, who are true conserv- with then-opposition leader and future TRIBUTES TO DEPARTING atives when it comes to the environ- German Chancellor Angela Merkel—a SENATORS ment. She crossed party lines to vote crucial ally—and managed the con- for Federal clean air rules that protect struction of a new U.S. Embassy in the Mr. CARDIN. Mr. President, much of New Hampshire’s air and water from heart of Berlin, next to the Branden- the time here in the Senate, we are en- cross-State pollution and to deploy the burg Gate. gaged in pretty fierce partisan battles. Senator COATS served honorably as I would like to take a break from that best available technology to reduce pollution from energy production. She Ambassador for 3 and one-half years for a moment and talk about the four and then returned to practicing law at Republican Senators who will not be helped pass the Better Buildings Act to encourage greater energy efficiency in another ‘‘blue chip’’ law firm, King & back when the 115th Congress convenes Spalding. But he also served as presi- next month. While we may have dif- commercial buildings, and she has been a strong supporter of the Land and dent of Big Brothers Big Sisters of ferent political philosophies and policy America and on the boards of many prescriptions, I respect and admire Water Conservation Fund, which has helped protect thousands of acres in civic and volunteer organizations, in- each of them, and I will miss working cluding the Center for Jewish and with all of them. New Hampshire. I have enjoyed working with Senator Christian Values, which he cochaired KELLY AYOTTE AYOTTE and send my best wishes to her with Senator Joe Lieberman. And Sen- Mr. President, Senator AYOTTE and I and her husband, Joe, and their chil- ator COATS and his wife, Marsha, serve together on the Small Business dren Katherine and Jacob. formed the Foundation For American Committee. I have seen firsthand her Renewal to continue their engagement commitment to helping small busi- DAN COATS Mr. President, there is a famous in faith-based initiatives. nesses in New Hampshire and across Senator COATS began his ‘‘second’’ the Nation. She is like so many other quote attributed to the American author F. Scott Fitzgerald: ‘‘There are no congressional career by running suc- Senators, past and present, from New cessfully for his old Senate seat in 2010. England States: pragmatic and willing second acts in American lives.’’ We all During Senator COATS’ second stint, I to reach across the aisle to get things know that to be untrue and, as it turns out, so did Fitzgerald, who was have had the pleasure of serving with done. him on the Finance Committee, where Prior to her election to the Senate, quintessentially American. What he ac- we worked together to help charities Senator AYOTTE served as the chief of tually wrote, in an essay called ‘‘My receive timely notice on issues related New Hampshire’s Homicide Unit and Lost City,’’ is this: ‘‘I once thought to their tax-exempt status. I appreciate deputy attorney general before she be- that were no second acts in American Senator COATS’ calm and steady de- came the State’s first female attorney lives.’’ meanor, the diligence he applies to his general in 2004. She was appointed to If we want to see a successful ‘‘sec- that position by a Republican Gov- ond act’’ we need to look no further work, and the civility he extends to his ernor, but she was reappointed twice than to the senior Senator from Indi- colleagues. Senator COATS may be retiring from by a Democratic Governor. ana, Mr. COATS. He is actually on about In the short span of one Senate term, his fourth act. the Senate, but I have a hunch there will be yet another successful act in his Senator AYOTTE has become a re- Senator COATS graduated from Whea- spected voice on national security ton College and then began his long long, distinguished career. While we issues while serving on the Armed service to our Nation by enlisting in may have policy disagreements, I have Services Committee and the Homeland the U.S. Army. Following his military no doubt that Senator COATS is com- Security & Governmental Affairs Com- service, he attended the Indiana Uni- mitted to the common good and will mittee. Foreign Policy magazine listed versity Robert H. McKinney School of find new ways to serve. I anticipate, Senator AYOTTE as one of the top 50 Law. He excelled academically, becom- however, that he will also seek to Republicans on international affairs. ing associate editor of the Indiana Law spend more time with his wife, Marsha, Senator AYOTTE comes from a mili- Review, and earned his juris doctor de- whom he met in college, their three tary family and is married to an Iraq gree. children, and their 10 grandchildren. War veteran—Lieutenent Colonel Joe Senator COATS served as a district MARK KIRK Daley—so she has been a staunch sup- representative to then-Representative Mr. President, John Kennedy wrote porter of our men and women in uni- Dan Quayle. When Dan Quayle was ‘‘Profiles in Courage’’ nearly 50 years form and their families. elected to the Senate in 1980, DAN ago. But for the last 6 years, we have Senator AYOTTE has worked hard to COATS won his House seat and was re- had yet another profile in courage here give New Hampshire veterans more elected four times, never receiving less in the Senate: the junior Senator from choices when it comes to health care than 60 percent of the vote. When Dan Illinois, Mr. KIRK. In 2012, he suffered a since the State does not have a full- Quayle was elected Vice President in devastating ischemic stroke. He had to service Veterans Administration, VA, 1988, DAN COATS was appointed to the relearn how to do basic things, like medical facility. To help veterans in Senate seat being vacated and then walking. It took a year of intensive New Hampshire’s North Country access won elections in 1990 and 1992. physical therapy at the Rehabilitation care closer to home, she successfully During what I will call Senator Institute of Chicago—physical therapy pushed for the opening of VA clinics in COATS’ ‘‘first’’ congressional career, he that has been likened to boot camp. Colebrook and Berlin. focused on cutting taxes and govern- When he returned on January 3, 2013, Senator AYOTTE has been a leader in ment spending and reforming entitle- and climbed the 45 steps of the Capitol the fight against opioid abuse and ad- ment programs. In 1998, he honored a Building to reenter the Senate, it was

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00090 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.158 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7021 a truly inspirational moment none of thored the Great Lakes Restoration measure, working first with our be- us will forget. Initiative authorization bill and helped loved former colleague, Senator Lau- Senator KIRK is an Illinois native, to secure $300 million in funding to im- tenberg, and then with Senator UDALL. from Champaign. He received his B.A. plement it. The new law, which received bipartisan in history from Cornell University, During the 112th and 113th Con- support in both the U.S. House of Rep- graduating cum laude. He went on to gresses, Senator KIRK had an awesome resentatives and the Senate, will make earn a master’s degree from the Lon- responsibility all Senators appreciate: it easier for the U.S. Environmental don School of Economics and a law de- his desk on the Senate Floor—Desk No. Protection Agency, EPA, to review the gree from Georgetown University. 95—was the ‘‘candy desk.’’ He kept the safety of chemicals already on the While he practiced law at the law firm desk stocked with sweets made in Illi- market and the new ones being devel- of Baker & McKenzie, most of his adult nois such as Mars, Milky Way, Jelly oped, and it provides a stable source of life has been spent in public service. Belly, and Snickers, helping to support funding for EPA to meet the law’s re- Senator KIRK joined the U.S. Navy an industry that employs over 3,000 quirements, a huge step forward with Reserve as a direct commission officer people in his home State. respect to chemical safety. in the intelligence career field in 1989. Senator KIRK suffered a life-threat- Senator VITTER has been instru- He was recalled to Active Duty for the ening stroke. It temporarily slowed mental in developing and passing im- 1999 NATO bombing of Yugoslavia; par- him down, but he returned to the Sen- portant public works bills, including ticipated in Operation Northern Watch ate where his courage, grace, dignity, the current Water Resources Develop- in Iraq, which enforced the no-fly zone, collegiality, and resolve will continue ment Act, WRDA, reauthorization. in 2000; and later served three reserve to inspire all of us long after he departs While he has been an architect of our deployments in Afghanistan. He retired next month for his next great endeav- Nation’s infrastructure policies, he has from the Navy Reserve with the rank or. I wish him well. also been sensitive to the concerns of of commander. DAVID VITTER his home State. Thanks to his involve- Senator KIRK worked for Representa- Mr. President, Senator VITTER is ment in the past several surface trans- tive John Porter and at the World probably one of the most conservative portation bills, Louisiana is no longer Bank and the State Department. He Senators and yet has a long record of a ‘‘donor’’ State with respect to the came back to the Hill to serve as a bipartisan accomplishments on behalf highway trust fund; the State receives counsel to the House International Re- of his home State and the Nation. I $1.06 in spending for every $1.00 it sends lations Committee, as it was known at have enjoyed serving on the Small to Washington in gasoline taxes. Sen- the time. When Representative Porter Business and Entrepreneurship Com- ator VITTER was stalwart when one of retired, he successfully ran for the seat mittee, which he has chaired for the the Nation’s worst natural disasters— of his former boss and went on to win past 2 years. During that time, the Hurricane Katrina—devastated Lou- reelection four times. I had the pleas- committee has reported nearly 30 bills, isiana and the rest of the Gulf Coast in ure of serving with both Representa- 8 of which have been signed into law so 2005 and again in the wake of the BP tive Porter and then-Representative far. One of those bills, Senator VIT- Deepwater Horizon oil spill in 2010. He KIRK while I was in the House. And TER’s Recovery Improvements for coauthored the RESTORE Act, which then he was elected to the Senate in Small Entities After Disaster Act—the directs 80 percent of the Clean Water 2010, to the seat President Obama pre- RISE After Disaster Act—will help Act fines levied against BP—$5.5 bil- viously held. small businesses recover from disasters lion—to the States whose fisheries, During Senator KIRK’s 16-year con- more rapidly. Considering that small shorelines, and economies were deci- gressional career, he has demonstrated businesses are major employers and the mated by the spill. that he puts country above party, most lynchpins of their communities, help- Senator VITTER has numerous other notably by supporting the common- ing them to recover is crucial. legislative accomplishments. To men- sense assault weapon ban. More re- Senator VITTER is a Louisiana nation just a few, he authored the Steve cently, he was the first Republican tive, born in New Orleans. He was an Gleason Act, which helps people af- Senator to meet with President excellent student and went on to earn flicted with diseases such as Obama’s Supreme Court nominee, his A.B. from Harvard. He attended Ox- amyotrophic lateral sclerosis, or ALS, Merrick Garland. And he was the first ford University as a Rhodes scholar, by making it easier for them to acquire Republican Senator to call for hearings earning a B.A., and then he earned his speech-generating devices. He reformed and a vote on this superbly qualified law degree from Tulane. He was elected the Federal Reserve Board by putting individual, a position applauded by to the Louisiana House of Representa- in place the requirement that at least Crain’s Chicago Business journal. tives in 1992; in 1999, he won a special one sitting board member must have Senator KIRK is a staunch supporter election to succeed then-Representa- community banking experience. And of Israel and has been at the forefront tive Bob Livingston to represent the he successfully elevated Barksdale Air of efforts to ensure that a robust sanc- State’s First Congressional District. Force Base’s Global Strike Command tions regime remains in place against He was reelected in 2000 and 2002 with to four-star general status. Iran if it fails to comply with the more than 80 percent of the vote in I mentioned a moment ago that Sen- terms of the Joint Comprehensive Plan each instance. In 2004, he won the Sen- ator VITTER is a conservative. He and I of Act, JCPOA. I have been pleased to ate seat being vacated by John Breaux. have vast differences of opinion on work with Senator KIRK on S. 1882, the That election was historic; he became many issues. But that is ok; that is the Nepal Recovery Act. That bill is on the the first Republican in Louisiana to be nature of the Senate. The genius of our legislative calendar; it would be a fit- popularly elected as a U.S. Senator. system of government is that it al- ting tribute to Senator KIRK if the Sen- The State’s last Republican Senator, lows—and encourages—people with dif- ate can pass it before the end of the William Pitt Kellogg, was chosen by ferent points of view to come together 114th Congress. the State’s legislature in 1876, back be- and agree on legislation that moves I know that Senator KIRK is justifi- fore the 17th Amendment to the U.S. our country forward, and that is some- ably proud of chairing the Appropria- Constitution was adopted. Senator VIT- thing Senator VITTER has been able to tions Subcommittee on Military Con- TER was reelected in 2010 with 57 per- do over his career. I send my best wish- struction, Veterans Affairs, and Re- cent of the vote. es to Senator VITTER, his wife, Wendy, lated Agencies. Under his stewardship, Senator VITTER has had a productive and their children Sophie, Lise, Airey, Congress is poised to pass record health career as a legislator. On June 22, 2016, and Jack. care funding for our veterans. He President Obama signed into law the Mr. CASEY. Mr. President, today I serves as the cochair of the bipartisan Frank R. Lautenberg Chemical Safety want to pay tribute to two colleagues Senate Great Lakes Task Force, which for the 21st Century Act, which amends who are retiring at the end of this promotes the economic vitality and en- the Toxic Substances Control Act, year, Senator BOXER and Senator MI- vironmental health of the Great Lakes, TSCA, the Nation’s primary chemicals KULSKI, two remarkable Democratic which provide drinking water to 40 mil- management law. Senator VITTER was women Senators leaving the Senate as lion Americans and Canadians. He au- the lead Republican sponsor of this four new women come in.

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00091 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.160 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7022 CONGRESSIONAL RECORD — SENATE December 9, 2016 BARBARA BOXER country. We will miss her in this all that hard work, faith in each other, Mr. President, for more than 40 Chamber and wish her well. and faith in our country are what allow years, BARBARA BOXER has committed Mr. PETERS. Mr. President, as this us to endure and improve as a nation. her life to public service, over 30 of eventful 114th Congress draws to a I thank Senator REID for his great them in Washington, first in the House close, today I wish to honor a number service, his guidance, and the convic- of Representatives and, since 1993, in of our colleagues who will be ending tion with which he leaves us as our the U.S. Senate. their service in the Senate. I was a country continues to move forward. When asked what advice she would newcomer to the Senate at the begin- BARBARA MIKULSKI give to her successor, Senator BOXER ning of this Congress and the only Mr. President, I would also like to Democrat in the freshman Senate class said she should not be afraid to fight honor Senator BARBARA MIKULSKI, who of 2014. I am eternally grateful for the the good fight every single day. blazed a trail for women in the Senate guidance and wisdom of my fellow Sen- And that is what Senator BOXER has and always looks out for the members ators, particularly those with decades done. Over the past four decades, she of our communities no matter their of experience fighting for the American has been an advocate for medical re- gender, race, or identity. As the father people. Constituents, colleagues, and search, women, workers, the environ- of two daughters, as well as a son, I ment, and infrastructure. historians will recount their accom- greatly admire Senator MIKULSKI’s plishments for years to come, but I will As ranking member of the Environ- work to break barriers for women. She take a few minutes now to convey ment and Public Works Committee, has fiercely fought to ensure that all ARBARA BOXER urged Congress and some brief words of praise and grati- B women have access to essential health the country to confront climate tude. care services, is a champion for equal change, creating the Climate Action HARRY REID pay, and passed legislation that ex- Task Force with Senator SHELDON Mr. President, it has been a great panded childcare access for all fami- WHITEHOUSE. honor to serve in the Senate under the lies. In closing, I am reminded of what leadership of Senate Democratic Lead- A daughter of Baltimore and a Robert Kennedy once said: ‘‘The pur- er HARRY REID. Senator REID has former social worker, Senator MIKUL- pose of life is to contribute in some taught us all what it means to rep- SKI also knows the challenges that our way to make things better.’’ resent one’s State in the U.S. Senate, communities face. She has been dedi- Senator BOXER has told us that, doing everything one can to fight hard cated to supporting our older, indus- while she is leaving the Senate to re- for the people back home. In his nearly trial communities like Baltimore and turn to California, she does not intend 30 years in the Senate, Senator REID Detroit so that they can compete in to end her life of service. She will con- has mastered the rules and traditions the new economy. I would also like to tinue to work to make things better. of this institution and used them to de- recognize her leadership as Vice chair- We wish her well and we thank her for liver victories for the people of his woman on the Appropriations Com- her public service in the House and state and the nation. mittee. We owe her a debt of gratitude here in the Senate. Senator REID is always ready to lend for her eagle eye and unrelenting spirit BARBARA MIKULSKI an ear and a helping hand to his Demo- in defending essential programs in Mr. President, this year we are also cratic colleagues; yet he listens most intently to his constituents. He never areas including health care, education, saying farewell to our colleague, BAR- job creation, infrastructure, and na- BARA MIKULSKI, the senior Senator stops thinking about how to ensure that they have access to well-paying tional security. Our work on breaking from Maryland. down barriers and advancing these pri- Senator MIKULSKI first entered poli- jobs, health care, education, and a bet- orities is not yet done, but I thank tics almost 50 years ago when she was ter future for their children. Senator Senator MIKULSKI for leading the way. elected to the Baltimore City Council REID has supported economic develop- in 1971. Five years later, she was elect- ment and infrastructure investments BARBARA BOXER ed to the U.S. House of Representatives that have created jobs throughout the Mr. President, Senator BARBARA and, a decade after that, she was elect- country. BOXER is also a trailblazing woman and ed to the U.S. Senate. After the 2008 financial crisis, when a fierce advocate for what is best for Senator MIKULSKI is the longest serv- millions of homes were underwater and her State, and I have been honored to ing woman in the history of Congress the existence of the American auto in- get to know her through our work in and is the first woman Senator to be dustry hung in the balance, Senator the Senate. Throughout her career, elected in her own right. REID helped craft a compromise to Senator BOXER has fought for common- These achievements are notable, but begin our economic recovery. I am sense consumer and environmental pro- they are not what inspired BARBARA to grateful for his strong support of the tections to make us safer. She has been come to work every day. American auto industry during this an incredible partner in our fight this Senator MIKULSKI one remarked that, crisis, which helped us pass essential year to end the water crisis in Flint, ‘‘Each one of us can make a difference. legislation to restructure Michigan’s MI, and to reduce the threat of drink- Together, we make change.’’ And that automotive manufacturers and rebuild ing water contamination in cities is what BARBARA MIKULSKI sought to our communities. I was also proud to across the Nation. do every day. work with him and other leaders on the Senator BOXER knows that we must As a member of the Health, Edu- Dodd-Frank Act, which holds Big protect our children and communities cation, Labor and Pensions Committee, Banks accountable and helps safeguard from the grave effects of environ- Senator MIKULSKI has championed edu- American families to prevent another mental contamination by investing in cation, workers’ rights, and health crisis and build a healthier economy. our aging infrastructure and maintain- care. She has stood up for our children Senator REID’s contributions are too ing vigilance. We must also provide the and our seniors. many to name, from advancing afford- extra care, education, and health care As a member of the Appropriations able health care coverage for millions services that these children and com- Committee since she arrived in the of Americans, to defending labor pro- munities need to recover. Senate, BARBARA MIKULSKI has worked tections and our social safety net. She has always been a champion for tirelessly to ensure that the programs Through it all, Senator REID has dem- children, from establishing the first that advance those priorities receive onstrated an unwavering commitment federally funded afterschool program the funding they need to be successful. to the details of policymaking and to to protecting children from contami- Margaret Chase Smith once said, his constituents. nated products. Just as importantly, ‘‘Public service must be more than Senator REID’s legacy and the mem- Senator BOXER has been a leader in doing a job efficiently and honestly. It ory of his tireless work ethic will con- protecting the natural resources these must be a complete dedication to the tinue to inspire us to keep working future generations will inherit. Her people and the nation.’’ hard, like our constituents do every victories for clean water, job-creating Senator MIKULSKI dedicated her life day, to make their lives better. Sen- smart infrastructure projects, and en- to the people of Maryland and the ator REID understands and reminds us vironmental protections should inspire

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00092 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.161 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7023 us to keeping looking toward the fu- young children while in the Senate. I AIDS, but because of PEPFAR, they ture as we help our great States thrive wish her family all the best in their got that down to one a month. I know today. next adventure. JOE shares my pride in the difference DAVID VITTER MARK KIRK that program is making. Mr. President, in a Congress where Mr. President, another colleague We were all a little sad to see JOE bipartisanship is all too rare, I have from the Midwest, Senator MARK KIRK, move to the White House in 2009, when been honored to work with many Re- has served with distinction in the Sen- he became our 47th Vice President. publican colleagues on commonsense, ate. Like me, Senator KIRK also served Lucky for us, he has been able to keep bipartisan solutions. Senator DAVID as an officer in the U.S. Navy Reserve. his ties to the Senate in his role as VITTER has served as chairman of the We have collaborated on efforts to help President of this body, and I think he Senate Small Business Committee, of veterans suffering from PTSD, protect has been one of our best partners in the which I am a member, and has been a wildlife habitats and improve water administration. consummate partner on issues affect- quality in the Great Lakes, extend All of us were glad to be able to rec- ing Michigan’s small businesses. On the Medicare coverage for Americans at ognize JOE and his son, Beau Biden, by Small Business Committee, we have risk for diabetes, and even establish naming the cancer section of 21st Cen- been able to pass significant legislation the Senate Albanian Caucus. I admire tury Cures Act after Beau. I expect JOE to ensure that small businesses have the strength and resolve Senator KIRK will continue to be a voice for ending the resources they need to compete, ex- has exhibited throughout his Senate cancer, and I hope to work with him pand, and give back to their commu- term and wish him continued success. towards that cause. nities. We extended the SBA 7(a) Fed- It has been a privilege to work with JOE, Diana and I send our best to eral loan program to provide thousands such talented and committed col- you, Jill, and your family. You have of small businesses with financing at leagues. I wish them all the best in this served the people of Delaware and the no cost to American taxpayers. To- next chapter of their lives and thank people of the United States with dis- gether, we introduced legislation that them for their work. Thank you. tinction. will provide patent education to small f f businesses. We also introduced legisla- TRIBUTE TO VICE PRESIDENT JOE HONORING PRIVATE FIRST CLASS tion that will help small businesses BIDEN JOHN R. ALLMAN plan for and protect against cyber se- Mr. UDALL. Mr. President, I wish to curity attacks. I am glad to have col- Mr. ENZI. Mr. President, today I say a few words about PFC John R. leagues like Senator VITTER who be- wish to recognize the service of a Allman. John was born November 22, lieve that no issue is too small when it former colleague and our current Vice 1963, in Carlsbad, NM. He played fierce comes to supporting support job cre- President, JOE BIDEN. football for the Carlsbad High School ation and economic growth. JOE was born in Pennsylvania but moved with his family to Delaware Cavemen and graduated in 1982. DAN COATS when he was 13. He left Delaware for John always wanted to be a Marine— Mr. President, I would also like to brief stints at St. Helena School and like his father and grandfather before extend my warm wishes to Senator Syracuse University Law School, but him. He fulfilled his dream and became DAN COATS. He has served ably as he has always returned to Delaware, a marine weeks after graduating from chairman of the Joint Economic Com- including the daily trips he made home high school. mittee, and I have been proud to sit on during his Senate career and the reg- Tragically, John was killed in a ter- the committee during his tenure. He ular trips he makes home to this day. rorist bomb attack on his barracks has convened important hearings to Because of his devotion to Delaware, while on a multinational peacekeeping discuss essential issues including the JOE quickly got his start in politics, mission in Beirut, Lebanon. John and Federal debt, the effects of automation first on the New Castle County Council his fellow marines were stationed in on our economy, tax reform, and eco- and then in the U.S. Senate, where he Lebanon to help stabilize the country nomic growth. I appreciate his con- became the fifth youngest U.S. Senator from civil war. sistent efforts to create a bipartisan in history in 1972. He also has the dis- On April 18, 1983, the U.S. Embassy in forum where we can discuss innovative tinction of being Delaware’s longest Beirut was hit by a suicide truck ideas for addressing our Nation’s eco- serving Senator. bomb—one of the first suicide attacks nomic challenges. As a fellow Mid- I worked with JOE on many different in the region—killing 63 people, includ- westerner, Senator COATS knows that issues during his time in the Senate ing 17 Americans. we must have big ideas and bigger and served on the Foreign Relations On October 23, 1983, two truck bombs hearts as we move forward, committed Committee when he was our chairman. struck separate buildings housing to helping all Americans achieve the JOE is known as a foreign affairs ex- American and French military forces future they deserve. pert, and he has many reasons to be in Beirut—members of the multi- KELLY AYOTTE proud of the work he has done in that national force. The attack on Amer- Mr. President, I also had the pleasure area. One of those things that we ican barracks housed the 1st Battalion of serving with Senator KELLY AYOTTE worked on together was the President’s 8th Marines, John’s battalion. The on the Senate committees on Small Emergency Plan for AIDS Relief. bomb striking the marines’ quarters Business, Commerce, and Homeland I remember being at the 2003 State of was the largest nonnuclear explosion Security and Government Affairs. She the Union speech when President Bush that had ever been detonated, equaling has been a pragmatic partner on legis- said, ‘‘We’re going to put $15 billion in force between 15,000 and 21,000 lation as varied as the Northern Border into an AIDS effort.’’ That shocked all pounds of TNT. The death toll was 220 Security Review Act, which will of us who were there. It was a lot of marines, 18 sailors, and 3 soldiers, John strengthen American security at the money. But we worked together to de- among them. It was the deadliest sin- northern border with Canada, and the velop a bill that passed the House and gle-day death toll for the Marine Corps Manufacturing Extension Partnership Senate unanimously. since World War II’s Battle of Iwo Jima Improvement Act, which would expand JOE managed the floor when we reau- and the deadliest single terrorist at- a public-private partnership to help thorized that program in 2008, and we tack on American citizens prior to the businesses get their products to mar- worked with Senators Coburn, BURR, September 11 attacks. The blasts led to ket. We also introduced the Pet and and Lugar to develop that reauthoriza- withdrawal of the international peace- Women Safety Act to protect victims tion. At the time, JOE suggested histo- keeping force. of domestic violence from emotional rians will regard PEPFAR as President John’s hometown of Carlsbad and trauma caused by acts or threats of vi- Bush’s ‘‘single finest hour,’’ and I tend Eddy County proclaimed Veterans Day olence against their pets. I respect Sen- to agree. A few years ago I visited the 2016 as ‘‘John Allman Day’’ in his ator AYOTTE’s dedication to these Kasisi Orphanage in Zambia. We were honor. That day, the community cele- issues. As a father, I also admire Sen- told that, before PEPFAR, they had to brated with a parade, speeches, and ator AYOTTE’s great work raising two bury 18 kids a month that died of tributes to John. A bench was made

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00093 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.185 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7024 CONGRESSIONAL RECORD — SENATE December 9, 2016 and commemorated in John’s name and TRIBUTE TO LIEUTENANT amount each day, so if you don’t go sits permanently in Carlsbad Veterans COMMANDER ERIK PHELPS early, they oftentimes sell out. Memorial Park. Mr. ROUNDS. Mr. President, today I Many take the delectable treats from John was humble, quiet, dedicated, recognize LCDR Erik Phelps, a defense Komoda’s to neighbor islands to share fun-loving, intelligent. He was honest fellow from the U.S. Navy, for his ex- with family and friends in the time- and proud. John always gave his all. emplary work in my office and service honored tradition of omiyage, or gift. John was born the day of John F. to our Nation during January to De- When I visited right before Thanks- Kennedy’s assassination. He was not cember 2016. giving, which is their busiest time of supposed to be named John, but his Lieutenant Commander Phelps is a the year, the store was bustling with parents did so in honor of the slain California native and a graduate of the activity, and the counters were stacked President. Of veterans, President Ken- U.S. Naval Academy. Erik is married with fruit, pumpkin, and custard pies. Congratulations to Komoda Bakery nedy said, ‘‘As we express our grati- to his loving wife, Erin, and they have on 100 years of success. We thank the tude, we must never forget that the three young children named Owen, Komoda family and their longtime em- highest appreciation is not to utter Summer, and Samantha. ployees who each day wake early to words, but to live by them.’’ We must Upon joining my office, Erik quickly prepare the delicious handmade and honor John by doing all we can for our became a key asset and trusted adviser homemade baked goods enjoyed by veterans. on defense and veterans policy. In fact, PFC John Allman gave his life in the generations. Erik’s intellectual drive, attention to I ask unanimous consent to have service of peace in the Middle East. We detail, and thoughtful planning led to printed in the RECORD a Maui News ar- do not forget his sacrifice and the sac- his conceiving five original, out- rifice of his family. And we honor ticle, which chronicles the Komoda standing pieces of legislation. These in- family’s dedication and success. John’s service and the ultimate sac- cluded the Veterans Choice Equal Cost rifice he made on behalf of our country. There being no objection, the mate- for Care Act, the Veterans Health Ad- rial was ordered to be printed in the f ministration Spending Transparency RECORD, as follows: and Oversight Act, and the Protection [From the Maui News, Nov. 2, 2016] TRIBUTE TO DEBORAH A. and Advocacy for Veterans Act. SWEET SUCCESS AT 100: KOMODA CELEBRATES KAPANOSKE I extend my sincere thanks and ap- CENTURY OF GOOD EATS Ms. MURKOWSKI. Mr. President, I preciation to Erik for his outstanding (By Melissa Tanji) wanted to say a few words in tribute to contributions to my office and wish MAKAWAO.—Komoda Store & Bakery is a longtime Senate employee who is re- him all the best as he continues his ca- celebrating 100 years of feeding Maui’s appe- tiring this month after 35 years of serv- reer. tite, in the beginning with breads and saimin and now with stick donuts and cream puffs ice. Debbie Kapanoske has served as f my office manager in Washington for that residents and visitors can’t get enough of. my entire tenure in the U.S. Senate; 100TH ANNIVERSARY OF KOMODA BAKERY One hundred years in business is a feat going on 14 years—but she has been in rarely achieved by Maui’s mom-and-pop the Murkowski family much longer. Ms. HIRONO. Mr. President, I wish to stores or for any business, for that matter. Debbie became correspondence director congratulate Maui’s Komoda Store and The Komodas and their extended family for Senator Frank Murkowski in 1993. Bakery on their 100-year anniversary. I don’t know how the years added up. She was subsequently promoted to of- visited the bakery in Makawao last ‘‘We can’t believe it lasted this long,’’ said fice manager and continued in that month and met the Komoda and Betty Shibuya, the granddaughter of the founders Takezo and Shigeri Komoda. She role until 2002 when Senator Frank Shibuya families who are carrying on added that her ancestors would be surprised Murkowski resigned from the Senate the tradition of serving the Maui com- that the family has kept the business thriv- following his election as Governor of munity. ing for a century. Alaska. That left Debbie the responsi- In 1916, Takezo and Shigeri Komoda Shibuya’s husband and the chief baker, bility of closing one office while simul- opened a mom-and-pop general store, Calvin Shibuya, joked that he, himself, felt taneously opening another, and that is selling bread, saimin, and fresh sand- like 100 years old, even though he’s only 73. no small juggling act. In fact, I under- wiches primarily to Makawao town But his feelings are justified because Mr. Shibuya starts work at 11:30 p.m.—just to stand that the experience led Debbie to residents. By 1932, they expanded their begin the baking. He doesn’t end his day swear that she will never close another store and began selling groceries and until around 4 p.m. at closing time. office again. Before joining the office of other household items. Takezo and But he’s not complaining. He said his Senator Frank Murkowski, Debbie Shigeri passed on the bakery to their schedule is similar to what the Komoda fam- served in the office of the Senator Bob sons Takeo and Ikuo, who ran the store ily endured for decades. Kasten of Wisconsin as correspondence for the next 50 years. Even at 73, Calvin Shibuya pledges that he and his family would keep the business chug- director. While the bakery is what Komoda’s is ging along as long as they are able to keep Debbie is highly respected among her known for today, Ikuo is the only churning out donuts from the old fried bread fellow administrative managers in the member of the family who received for- dough recipe along with butter rolls, pies Senate. She is one of many unsung he- mal training in 1947 when he traveled and buns and other baked goods. roes without which Senate offices to Minnesota to study baking. Over ‘‘I’ve always said we’ll (be open) as long as could not run. I have often remarked time, Komoda’s transitioned from a we stay healthy,’’ he said. that she is the best office manager I general store to a bakery, serving fresh This week, the Komoda family is celebrating its milestone with the public. have ever had. So today let me take bread, butter rolls, and pastries like The family has been giving away 100 free this opportunity to thank Debbie for stick donuts, malasadas, Chantilly stick donuts to customers on a first-come, her service to the Senate and in par- cake, and cream puffs. By the 1990s, first-served basis. (The store opens at 7 a.m.) ticular for her 23 years of service to Takeo and Ikuo considered retiring and This will continue on Thursday and Friday. Alaska. Over the years, Debbie has closing the bakery. However, Takeo’s (The store is closed today, as usual.) mentored scores of staff members first son-in-law, Calvin Shibuya, did not On Saturday, 300 stick donuts will be given out. At noon, there will be a performance by in my father’s office and now in mine. want to see the family business close. Zenshin Daiko, a taiko drum group. A 100th- And, while they aren’t here today to After training with chief baker Ikuo anniversary dish towel is on sale, and cus- say it personally, I know that she has Komoda, Calvin and his wife, Betty, tomers who spend $40 get a commemorative played a special role in all of their took over the bakery. Their daughter, potholder. lives. So let me close by thanking Michele, is now learning the business, Nearby, the Makawao History Museum at Debbie for all that she has done, but the baking from her father and the re- 3643 Baldwin Ave. is hosting an exhibit based more importantly for the powerful im- tail side from her mother. on the anniversary. It’s open from 10 a.m. to pression she has left on all who have Komoda Bakery is an institution in 5 p.m. daily, except for Sundays when it opens at 11 a.m. worked with her and to wish Debbie upcountry Maui. Each day, people line T. Komoda Store was founded in 1916 as a and her husband, George, well in retire- up in the morning to purchase their general store where the current Polli’s Mexi- ment. baked goods. They only make a set can Restaurant is on the corner of Makawao

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00094 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.182 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7025 and Baldwin avenues. There was some bread ‘‘This is a great place,’’ she said. tire State. Mr. Morlan was a key part baking, which later expanded to saimin and Customer satisfaction and enthusiasm for of rebuilding this rural region’s long- sandwiches, the family said. Komoda’s baked goods drive Calvin Shibuya struggling economy. Through his vi- In 1932, the family purchased its current and the rest of the family to work before sion and hard work, Ed loaned start-up spot along Baldwin Avenue. The family said sunup and until almost sundown daily. it was more of a general store catering to Typically, Calvin Shibuya starts at 11:30 funds to many of today’s iconic south- Makawao town, selling everything from fab- p.m. making coconut Danish and turnovers. west Colorado businesses, such as Mer- ric, lighting fixtures and groceries. Around an hour later, he begins the mixes cury Payment Systems, Steamworks As World War II loomed before Dec. 7, 1941, for the bread and the soft moist butter rolls Brewing Company, and Chinook Med- Takezo and Shigeri Komoda anticipated the and cinnamon rolls. ical Gear. During his tenure, Region 9 loss of what they had because they were not His daughter, Michele Shibuya, is learning loaned over $22 million to business ven- American citizens. So, they transferred the the trade and helps her father cut the glob of tures. Under Mr. Morlan’s leadership, property and business to Takeo Komoda, dough for the butter rolls. Then with a spat- their oldest son and his wife, Kiyoko, who ula, the butter is spread and, by hand, sugar Region 9 Economic Development Dis- were U.S. citizens, according to Gail is sprinkled on the rolls. trict led the way to bringing Internet Ainsworth. She does research and writing for Two other employees begin their day at and transportation planning to south- the Makawao History Museum. (Takeo and 1:30 a.m. to help with the baking. west Colorado, and the district now Kiyoko were Betty Shibuya’s parents.) The Usually around 2:30 a.m., Calvin Shibuya maintains an indicator report that store founders had eight children, all of begins his work on the stick donuts. Typi- measures the economic health of 17 re- whom at some point had a hand in the busi- cally, around 100 dozen are made every day. gional communities. Mr. Morlan’s vi- ness. On weekends that number doubles. sion shaped all of these projects. His In the early days, the family served food, All by hand, the donuts are put on sticks. such as saimin and egg sandwiches, Betty Shibuya said the only mechanical appli- daughter Kinsee said it well in a recent Shibuya said. But eventually that was ances the bakery has is a mixer and a dough article in the Durango Herald: ‘‘He just phased out. cutter and shaper for their hamburger and wanted Southwest Colorado to keep up In 1947, Takeo Komoda’s brother, Ikuo, hot dog buns. The cutter and shaper are new with the rest of the world in terms of went to baking school in Minnesota. He was additions, maybe put in around 10 years ago. economic development.’’ the only one in the family to receive profes- Shibuya said the contraption cut down on Mr. Morlan was also a veteran. Draft- sional training. Ikuo Komoda is credited 75 percent of the time he and others put in to with developing the cream puff and stick ed into the U.S. Army at age 19, he make the buns. Previously, it involved cut- served as a combat medic in one of the donut. It was under Ikuo Komoda that Cal- ting the dough and putting in on a scale. vin Shibuya trained. He got involved in the Asked why he doesn’t automate more of most dangerous areas in Vietnam, business in the 1990s because the Komoda his equipment to help with the baking, earning both a Silver Star for the brothers were aging and looking for someone Shibuya says the way it is now, ‘‘this is the many lives he saved and a Purple Heart to take over. The family considered closing only way I know.’’ for his own injuries. After returning the business, Calvin Shibuya said. When the Komoda brothers were living and from Vietnam, he attended Western Shibuya had retired from the U.S. Air working in the 1980s and 1990s, the bakery State College in Gunnison, where he Force and was contemplating a second career was churning out 100 to 150 dozen cream puffs as a commercial pilot. met his wife, Jackie. a day. These days, Shibuya makes around 75 As a five-term member of the town ‘‘I didn’t want to see the business close,’’ dozen as the main baker. But the cream puffs Calvin Shibuya said. He told the brothers shells are still made one by one and placed board of Bayfield and a member of the not to close the business and stepped in to onto pans with ice cream scoopers. local planning commission, Mr. Morlan help. Shibuya had hoped that Ikuo Komoda, the was part of the inaugural class of Lead- ‘‘That would be a shame if the business chief baker, could have lived to see the 100th ership La Plata and helped launch an shut down,’’ he said. Ainsworth called the Komoda family hard- anniversary, but he died last year at the age entrepreneurial accelerator program working, though she added that is typical of of 86. His mother-in-law, Kiyoko Komoda called SCAPE. His commitment to the mom-and-pop businesses. died in August at the age of 95. community won him the Durango ‘‘I think they were astute,’’ she said. Michele Shibuya said her grandmother, Chamber of Commerce’s Barbara Con- ‘‘They transferred their property to their son Kiyoko, was a fixture at the bakery and even in her senior years was still at the Makawao rad Leadership Award, and Governor when they needed to, prior to World War II. John Hickenlooper declared July 28th, They sent another son (Ikuo) to baking business putting together pastry boxes. school and expanded their bakery business. Early in the morning when the baking is 2016 to be ‘‘Ed Morlan Day,’’ in recogni- They adapted to the community as it done and the bakery opens, Calvin Shibuya tion of his service. changed. As people started to shop at large continues to work as his wife and daughter Mr. Morlan was also known for being grocery stores, they de-emphasized their and others handle the retail operations. a restaurant owner, handyman, boat store operation.’’ By mid-morning, Calvin Shibuya is mak- captain, little league coach, friend, Indeed, the family adapted and survived ing the cream for the cream puffs and long mentor, and dedicated family man. At the influx of large chain grocery stores, Johns, all to start the process for the next day. a celebration of life held in Mr. along with specialty bakeries on Maui. They Morlan’s honor in late November, over still sell snacks, sodas and hot dogs, but 90 ‘‘At the end of the day, if everything goes percent of the business is the bakery, Calvin well. It’s very rewarding,’’ Shibuya said. 300 friends, colleagues, and family Shibuya said. f gathered at the Bayfield High School The Komoda homestyle and handmade pas- Performing Arts Center to share sto- tries are a favorite to generations of Maui ADDITIONAL STATEMENTS ries of a man who was deeply com- residents. mitted to his job, his family, and his On Tuesday, Shaun Lyons was in the store, REMEMBERING ED MORLAN community, a man who was a good a place she had been to as a kid, and now a friend, companion, grandfather, and grandmother. ∑ Mr. BENNET. Mr. President, I would Lyons, born to the Baldwin family who husband. He is survived by his wife, lived at Haleakala Ranch, remembers how like to recognize and honor the life of Jackie Morlan; his sister, Ann Taylor, her parents made her sit on a scale next to Edwin Purl Morlan, a constituent in and her family; his daughters Amber the front doors as others went shopping. my home State of Colorado who passed and Kinsee Morlan; his son-in-law Jeff Lyons remembers her family buying gro- away on November 15, 2016, at the age Hammett; and his grandchildren Hux- ceries and other necessities on credit at the of 66. He lived in Bayfield and was a ley and Harper Purl Hammett. store and paying a monthly bill. There were pillar of the community in southwest I join with southwest Colorado in no plastic credit cards then. Colorado, where he worked for 27 years ‘‘It was so convenient,’’ she remembers. honoring Ed Morlan, and I send my At one point the Komoda family also had a as the executive director of Region 9 deepest condolences to his family.∑ grocery delivery service, which in some Economic Development District, a non- f places was common. profit that provides support to local ‘‘I think it’s so fantastic,’’ Lyons said of businesses and startups. THE AMERICA I BELIEVE IN the centennial. ‘‘I love all the Komodas and At his retirement party only 8 weeks ∑ Mr. GARDNER. Mr. President, I ask the Komoda family.’’ ago, Mr. Morlan’s friends, family, co- to have printed in the RECORD a copy of On Tuesday, Lyons was buying some hamburger buns and a Chantilly cake her 46- workers, and fellow economic develop- an essay by Ainslie Ross titled ‘‘The year-old son loves. This time, the cake was ment officials and entrepreneurs America I Believe In,’’ which won a re- for her grandson (her son’s son), who was shared stories of the effect he had all gional prize for the Patriot’s Pen essay celebrating his 5th birthday on Tuesday. across southwest Colorado and the en- contest. The material follows:

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00095 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.165 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7026 CONGRESSIONAL RECORD — SENATE December 9, 2016 THE AMERICA I BELIEVE IN ment structures that prevent errors, years later, she became involved in the Almost every American is taught from an providing the most comprehensive pic- university’s efforts to develop a niche early age to recite the Pledge of Allegiance ture of how patients fare at individual in unmanned aerial systems. Her ini- by heart, but how many actually know it by institutions.’’ These rigorous standards tial position was special projects man- heart? Most people don’t think twice about have been used to vet thousands of hos- ager for unmanned aircraft and rocket what the words really mean. pitals across the Nation, and these launch support in 2008. The first phrase says, ‘‘I pledge allegiance,’’ meaning we personally, solemnly eight Maine facilities have proven Ro’s success in that position led the promise loyalty, dedication, devotion, honor, themselves worthy of recognition. The University of Alaska Board of Regents and obedience. The next phrase says, ‘‘to the standards, quality, and safety that to create the Alaska Center for Un- flag, of the United States of America’’ so we these hospitals have exhibited is em- manned Aircraft Systems Integration aren’t just promising these to just anyone, blematic of the work ethic and of the in 2012. Ro was named deputy director but to the people of our country. All those values that make Maine such a great of the center. She was instrumental in who fought for freedom in the American Rev- place. As such, they contribute to writing the proposal that created the olution against Britain, the Civil War to stop Maine business’s storied legacy of dedi- Pan-Pacific UAS Test Range Complex, slavery, and in the war that’s going on right now in the Middle East to protect our rights cation to quality and high standards. which is one of only seven FAA-ap- from those who want to take it away from The people of our country depend on proved unmanned aircraft system test us. The America I believe in consists of keep- the efficient and quality functioning of sites in the Nation. Leading the center ing our promises to our country and our loy- health centers, and these eight Maine during the difficult early years, she left alty to what our flag stands for. hospitals have proven their great com- her mark on the unmanned aircraft in- The phrase of the pledge that says, ‘‘and to mitment to quality care. Thanks to dustry. the Republic for which it stands’’ means in their continued efforts, individuals and She was also active in the interior addition to pledging for allegiance, we pledge families across the State of Maine have Alaska community as a commissioner to a government by the people, for the peo- of the Steese Fire District and an elder ple, and in the interests of the people be- access to much-needed services—and cause the country of America belongs to the the entire State is stronger because of of the First Presbyterian Church of people. ‘‘One Nation’’ means we are together it. The work of these hospitals serve as Fairbanks. as one country; we are not divided by our be- a shining example that I hope will be Ro’s passing is a great loss to her liefs, race, gender, or political party, we are emulated across the State of Maine and many friends in the UAS world, at the together as one. I believe that our whole the Nation, as all Americans deserve University of Alaska, and in the broad- country can come together as a team be- access to health care facilities with a er interior Alaska community. I was cause that is what we really are, but that strong track record of quality service privileged to know Ro and am grateful will not be possible unless we set aside our for that opportunity. differences and treat each other as one of our and commitment to excellence. team members, with kindness and respect. I congratulate these eight Maine hos- Thank you for the opportunity to ‘‘Under God’’ means we are covered by the pitals for their work providing high celebrate the life of Ro Bailey today in Holy Father, and if He thinks our country is quality crucial health care services to the U.S. Senate. worth protecting, then it must be worth the people of Maine and thank them for f coming together for as one team. their pursuit of excellence. I am proud ‘‘Indivisible with liberty and justice for REMEMBERING RICHARD JOHNSON of these great Maine institutions and AND TRIBUTE TO PAT JOHNSON all’’ means we are inseparable with independ- look forward to their continued suc- ence and integrity for as long as our country cess.∑ ∑ Mr. NELSON. Mr. President, I rise is complete. The America I believe in con- today to recognize the late Richard f sists of not giving away or letting go of our Salisbury Johnson, Sr., and his wife, freedoms that we fought for and worked hard REMEMBERING BRIGADIER Patsy Ann Seaton Johnson, for their for as one undivided nation. GENERAL ROSANNE BAILEY The America I believe in is powerful, re- contributions to the betterment of spectful, and we are a team. I believe Amer- ∑ Ms. MURKOWSKI. Mr. President, Palm Beach County, FL. ica is the country we make it. Working to- today I wish to honor the memory of Richard, Pat, and their families have gether, we can make it the country that the Brig. Gen. Rosanne Bailey, U.S. Air been a part of the Palm Beach County writers of the Pledge of Allegiance saw it as Force, Retired. General Bailey, who community for decades. Both Pat and ∑ so many years ago. was known simply as ‘‘Ro,’’ passed Richard were born in West Palm Beach. f away on November 2, 2016. Richard’s great-grandfather arrived on Ro began her Air Force career Lake Worth in the early 1880s, and his RECOGNIZING EIGHT MAINE HOS- through the ROTC program at Purdue father worked in the historic 1916 Palm PITALS RECEIVING THE LEAP- University, where she earned a BS in Beach County Court House. Pat’s fam- FROG GROUP’S TOP HOSPITAL industrial management from the ily moved to the area in 1928. Today, AWARD Krannert School of Management. In the family still owns the Johnson ∑ Mr. KING. Mr. President, today I 2005, she received the Krannert Farm in Pahokee. wish to recognize the eight Maine hos- School’s ‘‘Distinguished Alumni Through the years, the philanthropy pitals being awarded the Leapfrog Award.’’ of Richard and Pat Johnson has bene- Group’s Top Hospital Award. I am As an Air Force officer, Ro held sig- fited healthcare and education through proud of the work that our State’s nificant positions in acquisition and lo- many organizations, including the Re- medical institutions have done to at- gistics before assuming command level habilitation Center for Children and tain the highest standards of hospital responsibilities. Before retiring, Ro Adults and the Brady Urological Insti- quality and safety. St. Mary’s Regional served as commander of the 435th Air tute at Johns Hopkins University. At received the Top General Hospital Base Wing at Ramstein AFB in Ger- Duke University Medical Center, they Award, and Bridgton Hospital, Charles many and as commander of the Chey- established the Richard and Pat John- A. Dean Memorial Hospital, enne Mountain Operations Center in son University Professorship in Cardio- LincolnHealth, Mayo Regional Hos- Colorado Springs. vascular Genomics and both sat on the pital, Pen Bay Medical Center, One of the stops along Ro’s distin- board. In addition, Pat has chaired Sebasticook Valley Health, and Ste- guished Air Force career was Eielson many events for St. Mary’s Medical phens Memorial Hospital received the Air Force Base near Fairbanks, AK, Center, where Richard served as board Top Rural Hospital Award. where Ro served as commander of the chair for over a decade. Palm Beach The Leapfrog Group is an inde- 354th Logistics Group from 1996–1998. Atlantic College honored Richard with pendent hospital watchdog group, Following her retirement from the Air the American Free Enterprise Medal in working with hospitals around the Force, Ro returned to interior Alaska 1995 and recognized Pat with its country to discover and recognize the to accept a series of executive posi- Women of Distinction Award in 2001. top performers. The surveys they con- tions at the University of Alaska Fair- With a shared vision and extraor- duct compare hospitals’ performance banks. dinary generosity, Richard and Pat ‘‘on national standards of patient safe- In 2006, she was named vice chan- committed to opening a museum to ty, quality, efficiency, and manage- cellor for administrative services. Two share their local history. They turned

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00096 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.164 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7027 a long, grassroots effort into reality announced that the Speaker pro tem- latory Activities Division, Office of the with their generous support of the His- pore (Mr. HARRIS) has signed the fol- Comptroller of the Currency, Department of torical Society of Palm Beach County. lowing enrolled bill: the Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Appraisals for These efforts led to the Richard and H.R. 2028. An act making appropriations Higher-Priced Mortgage Loans Exemption Pat Johnson Palm Beach County His- for energy and water development and re- Threshold’’ (RIN1557–AD99) received in the tory Museum, which found its home in lated agencies for the fiscal year ending Sep- Office of the President of the Senate on De- the now-restored 1916 courthouse, tember 30, 2016, and for other purposes. cember 5, 2016; to the Committee on Bank- where Richard’s father worked so many The enrolled bill was subsequently ing, Housing, and Urban Affairs. years ago. signed by the President pro tempore EC–7880. A communication from the Senior Since its opening, the Historical So- (Mr. HATCH). Counsel for Regulatory Affairs, Depart- mental Offices, Department of the Treasury, ciety has engaged over 420,000 Palm f transmitting, pursuant to law, the report of Beach County school children by fund- EXECUTIVE AND OTHER a rule entitled ‘‘Terrorism Risk Insurance ing education programs, as well as pro- COMMUNICATIONS Program; Adjustment to Civil Penalty viding transportation for guided tours Amount Under the Terrorism Risk Insurance of the museum. The Johnsons’ leader- The following communications were Act of 2002’’ (31 CFR Part 50) received in the ship has allowed the historical society laid before the Senate, together with Office of the President of the Senate on De- to better fulfill its mission ‘‘to collect, accompanying papers, reports, and doc- cember 8, 2016; to the Committee on Bank- uments, and were referred as indicated: ing, Housing, and Urban Affairs. preserve, and share the rich history EC–7881. A communication from the Senior and cultural heritage of Palm Beach EC–7872. A communication from the Ad- ministrator of the Specialty Crops Program, Counsel for Regulatory Affairs, Depart- County.’’ Agricultural Marketing Service, Department mental Offices, Department of the Treasury, Richard and Pat Johnson serve as of Agriculture, transmitting, pursuant to transmitting, pursuant to law, the report of role models through their hard work, law, the report of a rule entitled ‘‘Irish Pota- a rule entitled ‘‘Terrorism Risk Insurance dedication, and selflessness, not only toes Grown in Colorado; Modification of the Program; Certification’’ (RIN1505–AC53) received in the Office of the President of the to their five children, but also to the Handling Regulation for Area No. 2’’ (Docket Senate on December 8, 2016; to the Com- No. AMS–SC–16–0042) received in the Office of people of their community and State. I mittee on Banking, Housing, and Urban Af- the President of the Senate on December 7, am honored to represent the Johnson fairs. family in the U.S. Senate, and to rec- 2016; to the Committee on Agriculture, Nu- EC–7882. A communication from the Assist- ∑ trition, and Forestry. ant Secretary for Export Administration, ognize their lives of public service. EC–7873. A communication from the Ad- Bureau of Industry and Security, Depart- ministrator of the Specialty Crops Program, f ment of Commerce, transmitting, pursuant Agricultural Marketing Service, Department to law, the report of a rule entitled ‘‘Tem- MESSAGES FROM THE PRESIDENT of Agriculture, transmitting, pursuant to porary Exports to Mexico under License Ex- law, the report of a rule entitled ‘‘Olives Messages from the President of the ception TMP’’ (RIN0694–AG97) received in United States were communicated to Grown in California; Suspension and Revi- the Office of the President of the Senate on the Senate by Mr. Pate, one of his sec- sion of Incoming Size-Grade Requirements’’ December 5, 2016; to the Committee on Bank- (Docket No. AMS–SC–16–0031) received in the retaries. ing, Housing, and Urban Affairs. Office of the President of the Senate on De- EC–7883. A communication from the Direc- f cember 7, 2016; to the Committee on Agri- tor, Office of Legislative and Intergovern- culture, Nutrition, and Forestry. EXECUTIVE MESSAGES REFERRED mental Affairs, Securities and Exchange EC–7874. A communication from the Ad- Commission, transmitting, pursuant to law, As in executive session the Presiding ministrator of the Specialty Crops Program, a report entitled ‘‘Report on Modernization Officer laid before the Senate messages Agricultural Marketing Service, Department and Simplification of Regulation S–K’’ ; to of Agriculture, transmitting, pursuant to the Committee on Banking, Housing, and from the President of the United law, the report of a rule entitled ‘‘Raisins States submitting sundry treaties Urban Affairs. Produced From Grapes Grown in California EC–7884. A communication from the Assist- which were referred to the Committee and Imported Raisins; Removal of Lan- ant Secretary for Export Administration, on Foreign Relations. guage’’ (Docket No. AMS–SC–16–0065) re- Bureau of Industry and Security, Depart- (The messages received today are ceived in the Office of the President of the ment of Commerce, transmitting, pursuant printed at the end of the Senate pro- Senate on December 7, 2016; to the Com- to law, the report of a rule entitled ‘‘Amend- ceedings.) mittee on Agriculture, Nutrition, and For- ment to the Export Administration Regula- estry. tions: Removal of Semiconductor Manufac- f EC–7875. A communication from the Direc- turing International Corporation from the tor of the Regulatory Management Division, MESSAGES FROM THE HOUSE List of Validated End-Users in the People’s Environmental Protection Agency, transmit- Republic of China’’ (RIN0694–AH16) received ENROLLED BILLS SIGNED ting, pursuant to law, the report of a rule en- in the Office of the President of the Senate At 4:34 p.m., a message from the titled ‘‘Dicamba; Pesticide Tolerances’’ on December 8, 2016; to the Committee on House of Representatives, delivered by (FRL No. 9954–37) received in the Office of Banking, Housing, and Urban Affairs. the President of the Senate on December 7, EC–7885. A communication from the Assist- Mr. Novotny, one of its reading clerks, 2016; to the Committee on Agriculture, Nu- ant Secretary for Export Administration, announced that the Speaker pro tem- trition, and Forestry. Bureau of Industry and Security, Depart- pore (Mr. HARRIS) has signed the fol- EC–7876. A communication from the Sec- ment of Commerce, transmitting, pursuant lowing enrolled bills: retary of Defense, transmitting a report on to law, the report of a rule entitled ‘‘Amend- S. 1632. An act to require a regional strat- the approved retirement of Lieutenant Gen- ment to the Export Administration Regula- egy to address the threat posed by Boko eral Anthony G. Crutchfield, United States tions: Removal of Special Iraq Reconstruc- Haram. Army, and his advancement to the grade of tion License’’ (RIN0694–AG89) received in the S. 2974. An act to ensure funding for the lieutenant general on the retired list; to the Office of the President of the Senate on De- National Human Trafficking Hotline, and for Committee on Armed Services. cember 8, 2016; to the Committee on Bank- other purposes. EC–7877. A communication from the Alter- ing, Housing, and Urban Affairs. S. 3028. An act to redesignate the Olympic nate Federal Register Liaison Officer, Office EC–7886. A communication from the Sec- Wilderness as the Daniel J. Evans Wilder- of the Secretary, Department of Defense, retary of the Treasury, transmitting, pursu- ness. transmitting, pursuant to law, the report of ant to law, a six-month periodic report on S. 3183. An act to prohibit the circumven- a rule entitled ‘‘National Security Education the continuation of the national emergency tion of control measures used by Internet Program (NSEP) and NSEP Service Agree- that was declared in Executive Order 13396 ticket sellers to ensure equitable consumer ment’’ (RIN0790–AJ01) received in the Office on February 7, 2006, with respect to Cote access to tickets for any given event, and for of the President of the Senate on December d’Ivoire; to the Committee on Banking, other purposes. 7, 2016; to the Committee on Armed Services. Housing, and Urban Affairs. EC–7878. A communication from the Sec- EC–7887. A communication from the Sec- The enrolled bills were subsequently retary of Commerce, transmitting, pursuant retary of Commerce, transmitting, pursuant signed by the President pro tempore to law, a report relative to the export to the to law, a report relative to the export to the (Mr. HATCH). People’s Republic of China of items not det- People’s Republic of China of items not det- rimental to the U.S. space launch industry; rimental to the U.S. space launch industry; ENROLLED BILL SIGNED to the Committee on Banking, Housing, and to the Committee on Banking, Housing, and At 11:39 p.m., a message from the Urban Affairs. Urban Affairs. House of Representatives, delivered by EC–7879. A communication from the Pro- EC–7888. A communication from the Asso- Mr. Novotny, one of its reading clerks, gram Specialist of the Legislative and Regu- ciate General Counsel for Legislation and

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00097 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.178 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7028 CONGRESSIONAL RECORD — SENATE December 9, 2016 Regulations, Office of the Secretary, Depart- EC–7896. A communication from the Direc- EC–7905. A communication from the Chief ment of Housing and Urban Development, tor of the Regulatory Management Division, of the Publications and Regulations Branch, transmitting, pursuant to law, the report of Environmental Protection Agency, transmit- Internal Revenue Service, Department of the a rule entitled ‘‘Changes to HOME Invest- ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the ment Partnerships (HOME) Program Com- titled ‘‘Determination of Attainment of the report of a rule entitled ‘‘Income and Cur- mitment Requirement’’ (RIN2501–AD69) re- 2012 Annual Fine Particulate Matter Stand- rency Gain or Loss with Respect to a Section ceived in the Office of the President of the ard; Pennsylvania; Delaware County Non- 987 QBU’’ ((RIN1545–AM12) (TD 9794)) re- Senate on December 8, 2016; to the Com- attainment Area’’ (FRL No. 9956–41–Region 3) ceived in the Office of the President of the mittee on Banking, Housing, and Urban Af- received in the Office of the President of the Senate on December 8, 2016; to the Com- fairs. Senate on December 7, 2016; to the Com- mittee on Finance. EC–7889. A communication from the Assist- mittee on Environment and Public Works. EC–7906. A communication from the Chief ant Secretary, Office of Electricity Delivery EC–7897. A communication from the Direc- of the Publications and Regulations Branch, and Energy Reliability, Department of En- tor of the Regulatory Management Division, Internal Revenue Service, Department of the ergy, transmitting, pursuant to law, a report Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the entitled ‘‘2016 Economic Dispatch and Tech- ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Recognition and nological Change’’ ; to the Committee on En- titled ‘‘Effluent Limitations Guidelines and Deferral of Section 987 Gain or Loss’’ ergy and Natural Resources. Standards for the Oil and Gas Extraction ((RIN1545–BL12) (TD 9795)) received in the Of- EC–7890. A communication from the Dep- Point Source Category—Implementation fice of the President of the Senate on Decem- uty Director for Operations, National Park Date Extension’’ (FRL No. 9956–05–OW) re- ber 8, 2016; to the Committee on Finance. Service, Department of the Interior, trans- ceived in the Office of the President of the EC–7907. A communication from the Regu- mitting, pursuant to law, a report relative to Senate on December 7, 2016; to the Com- lations Coordinator, Office of Inspector Gen- the detailed boundaries, classification de- mittee on Environment and Public Works. eral, Department of Health and Human Serv- scriptions, and maps for the Snake River EC–7898. A communication from the Direc- ices, transmitting, pursuant to law, the re- Headwaters, in Wyoming; to the Committee tor of Congressional Affairs, Office of New port of a rule entitled ‘‘Medicare and State on Energy and Natural Resources. Reactors, Nuclear Regulatory Commission, Health Care Programs: Fraud and Abuse; Re- EC–7891. A communication from the Direc- transmitting, pursuant to law, the report of visions to the Safe Harbors Under the Anti- tor of the Regulatory Management Division, a rule entitled ‘‘Site Characteristics and Site Kickback Statute and Civil Monetary Pen- Environmental Protection Agency, transmit- Parameters’’ (NUREG–0800) received in the alty Rules Regarding Beneficiary’’ (RIN0936– ting, pursuant to law, the report of a rule en- Office of the President of the Senate on De- AA06) received in the Office of the President titled ‘‘Air Plan Approval/Disapproval; MS; cember 8, 2016; to the Committee on Environ- of the Senate on December 7, 2016; to the Infrastructure Requirements for the 2012 ment and Public Works. Committee on Finance. PM2.5 National Ambient Air Quality Stand- EC–7899. A communication from the Direc- EC–7908. A communication from the Chief ards’’ (FRL No. 9956–35–Region 4) received in tor of Congressional Affairs, Office of New of the Publications and Regulations Branch, the Office of the President of the Senate on Reactors, Nuclear Regulatory Commission, Internal Revenue Service, Department of the December 7, 2016; to the Committee on Envi- transmitting, pursuant to law, the report of Treasury, transmitting, pursuant to law, the ronment and Public Works. a rule entitled ‘‘Physical Security—Early report of a rule entitled ‘‘December 2016 Sup- EC–7892. A communication from the Direc- Site Permit and Reactor Siting Criteria’’ plement to Rev. Proc. 2014–64, Implementa- tor of the Regulatory Management Division, (NUREG–0800) received in the Office of the tion of Nonresident Alien Deposit Interest Environmental Protection Agency, transmit- President of the Senate on December 8, 2016; Regulations’’ (Rev. Proc. 2016–56) received in ting, pursuant to law, the report of a rule en- to the Committee on Environment and Pub- the Office of the President of the Senate on titled ‘‘Air Quality Designations for the 2010 lic Works. December 8, 2016; to the Committee on Fi- Sulfur Dioxide (SO2) Primary National Am- EC–7900. A communication from the Direc- nance. bient Air Quality Standards—Supplement to tor of Congressional Affairs, Office of New EC–7909. A communication from the Chief Round 2 for Four Areas in Texas: Firestone Reactors, Nuclear Regulatory Commission, of the Publications and Regulations Branch, and Anderson Counties, Milam County, transmitting, pursuant to law, the report of Internal Revenue Service, Department of the Rusk, and Panola Counties, and Titus Coun- a rule entitled ‘‘Fitness for Duty—Introduc- Treasury, transmitting, pursuant to law, the ty’’ (FRL No. 9956–10–OAR) received in the tion’’ (NUREG–0800) received in the Office of report of a rule entitled ‘‘Covered Asset Ac- Office of the President of the Senate on De- the President of the Senate on December 8, quisitions’’ ((RIN1545–BM75) (TD 9800)) re- cember 7, 2016; to the Committee on Environ- 2016; to the Committee on Environment and ceived in the Office of the President of the ment and Public Works. Public Works. Senate on December 8, 2016; to the Com- EC–7893. A communication from the Direc- EC–7901. A communication from the Direc- mittee on Finance. tor of the Regulatory Management Division, tor of Congressional Affairs, Office of New EC–7910. A communication from the Chief Environmental Protection Agency, transmit- Reactors, Nuclear Regulatory Commission, of the Publications and Regulations Branch, ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of Internal Revenue Service, Department of the titled ‘‘Approval and Promulgation of Air a rule entitled ‘‘Access Authorization Oper- Treasury, transmitting, pursuant to law, the Quality Implementation Plans; Oklahoma; ational Program’’ (NUREG–0800) received in report of a rule entitled ‘‘Tax Return Pre- Infrastructure for the Lead, Ozone, Nitrogen the Office of the President of the Senate on parer Due Diligence Penalty under Section Dioxide and Sulfur Dioxide National Ambi- December 8, 2016; to the Committee on Envi- 6695(g)’’ ((RIN1545–BN61) (TD 9799)) received ent Air Quality Standards’’ (FRL No. 9955– ronment and Public Works. in the Office of the President of the Senate 28–Region 6) received in the Office of the EC–7902. A communication from the Assist- on December 8, 2016; to the Committee on Fi- President of the Senate on December 7, 2016; ant Secretary of the Army (Civil Works), nance. to the Committee on Environment and Pub- transmitting, pursuant to law, a report rel- EC–7911. A communication from the Chief lic Works. ative to the Savannah Harbor Expansion of the Publications and Regulations Branch, EC–7894. A communication from the Direc- Project, Savannah, Georgia; to the Com- Internal Revenue Service, Department of the tor of the Regulatory Management Division, mittee on Environment and Public Works. Treasury, transmitting, pursuant to law, the Environmental Protection Agency, transmit- EC–7903. A communication from the Chief report of a rule entitled ‘‘Consistent Basis ting, pursuant to law, the report of a rule en- of the Trade and Commercial Regulations Reporting Between Estate and Person Ac- titled ‘‘Approval and Promulgation of Air Branch, Bureau of Customs and Border Pro- quiring Property From Decedent’’ ((RIN1545– Quality Implementation Plans; Virginia; Re- tection, Department of Homeland Security, BM98) (TD 9797)) received in the Office of the moval of Stage II Gasoline Vapor Recovery transmitting, pursuant to law, the report of President of the Senate on December 8, 2016; Requirements for Gasoline Dispensing Fa- a rule entitled ‘‘Import Restrictions Imposed to the Committee on Finance. cilities; Withdrawal of Direct Final Rule’’ on Certain Archaeological Material from EC–7912. A communication from the Chief (FRL No. 9956–26–Region 3) received in the Egypt’’ (RIN1515–AE19) received during ad- of the Publications and Regulations Branch, Office of the President of the Senate on De- journment of the Senate in the Office of the Internal Revenue Service, Department of the cember 7, 2016; to the Committee on Environ- President of the Senate on December 2, 2016; Treasury, transmitting, pursuant to law, the ment and Public Works. to the Committee on Finance. report of a rule entitled ‘‘Unpaid Losses Dis- EC–7895. A communication from the Direc- EC–7904. A communication from the Chief count Factors and Payment Patterns for tor of the Regulatory Management Division, of the Trade and Commercial Regulations 2016’’ (Rev. Proc. 2016–58) received in the Of- Environmental Protection Agency, transmit- Branch, Bureau of Customs and Border Pro- fice of the President of the Senate on Decem- ting, pursuant to law, the report of a rule en- tection, Department of Homeland Security, ber 8, 2016; to the Committee on Finance. titled ‘‘Approval and Promulgation of Imple- transmitting, pursuant to law, the report of EC–7913. A communication from the Chief mentation Plans; Texas; Reasonable Further a rule entitled ‘‘Extension of Import Restric- of the Publications and Regulations Branch, Progress Plan and Motor Vehicle Emissions tions Imposed on Certain Archaeological and Internal Revenue Service, Department of the Budgets for the Dallas/Fort Worth 2008 Ozone Ethnological Materials from the Treasury, transmitting, pursuant to law, the Nonattainment Area’’ (FRL No. 9955–52–Re- Plurinational State of Bolivia’’ (RIN1515– report of a rule entitled ‘‘Salvage Discount gion 6) received in the Office of the President AE20) received during adjournment of the Factors and Payment Patterns for 2014’’ of the Senate on December 7, 2016; to the Senate in the Office of the President of the (Rev. Proc. 2016–59) received in the Office of Committee on Environment and Public Senate on December 2, 2016; to the Com- the President of the Senate on December 8, Works. mittee on Finance. 2016; to the Committee on Finance.

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00098 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.030 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7029 EC–7914. A communication from the Chief Arms Export Control Act (DDTC 16–069); to pay increases for civilian Federal employees of the Publications and Regulations Branch, the Committee on Foreign Relations. covered by the General Schedule and certain Internal Revenue Service, Department of the EC–7925. A communication from the Assist- other pay systems in January 2017; to the Treasury, transmitting, pursuant to law, the ant Secretary, Legislative Affairs, Depart- Committee on Homeland Security and Gov- report of a rule entitled ‘‘User Fees for In- ment of State, transmitting, pursuant to ernmental Affairs. stallment Agreements’’ ((RIN1545–BN37) (TD law, a report relative to section 36(d) of the EC–7936. A communication from the Direc- 9798)) received in the Office of the President Arms Export Control Act (DDTC 16–095); to tor, Office of Government Ethics, transmit- of the Senate on December 8, 2016; to the the Committee on Foreign Relations. ting, pursuant to law, the report of a rule en- Committee on Finance. EC–7926. A communication from the Assist- titled ‘‘Standards of Ethical Conduct for Em- EC–7915. A communication from the Chief ant Secretary, Legislative Affairs, Depart- ployees of the Executive Branch; Amend- of the Publications and Regulations Branch, ment of State, transmitting, pursuant to ment to the Standards Governing Solicita- Internal Revenue Service, Department of the law, a report relative to section 36(c) of the tion and Acceptance of Gifts from Outside Treasury, transmitting, pursuant to law, the Arms Export Control Act (DDTC 16–039); to Sources’’ (RIN3209–AA04) received in the Of- report of a rule entitled ‘‘Publication of the the Committee on Foreign Relations. fice of the President of the Senate on Decem- Tier 2 Tax Rates’’ received in the Office of EC–7927. A communication from the Regu- ber 8, 2016; to the Committee on Homeland the President of the Senate on December 8, lations Coordinator, Administration for Security and Governmental Affairs. 2016; to the Committee on Finance. Children and Families, Department of EC–7937. A communication from the Spe- EC–7916. A communication from the Chief Health and Human Services, transmitting, cial Counsel, United States Office of the Spe- of the Publications and Regulations Branch, pursuant to law, the report of a rule entitled cial Counsel, transmitting, pursuant to law, Internal Revenue Service, Department of the ‘‘Head Start Program’’ (RIN0970–AC63) re- the Office of the Special Counsel’s Perform- Treasury, transmitting, pursuant to law, the ceived in the Office of the President of the ance and Accountability Report for fiscal report of a rule entitled ‘‘2016 Guidance with Senate on December 6, 2016; to the Com- year 2016; to the Committee on Homeland Se- Respect to the Tax Credit for Employee mittee on Health, Education, Labor, and curity and Governmental Affairs. Health Insurance Expenses of Certain Small Pensions. EC–7938. A communication from the Sec- Employers’’ (Notice 2016–75) received in the EC–7928. A communication from the Direc- retary of Education, transmitting, pursuant Office of the President of the Senate on De- tor, Civil Rights Center, Department of to law, the Department’s Semiannual Report cember 8, 2016; to the Committee on Finance. Labor, transmitting, pursuant to law, the re- to Congress on Audit Follow-up for the pe- EC–7917. A communication from the Senior port of a rule entitled ‘‘Implementation of riod of April 1, 2016 through September 30, Counsel for Regulatory Affairs, Depart- the Nondiscrimination and Equal Oppor- 2016; to the Committee on Homeland Secu- mental Offices, Department of the Treasury, tunity Provisions of the Workforce Innova- rity and Governmental Affairs. EC–7939. A communication from the Dep- transmitting, pursuant to law, the report of tion and Opportunity Act’’ (RIN1291–AA36) uty Chief Financial Officer, Department of a rule entitled ‘‘Department of the Treasury received in the office of the President of the Education, transmitting, pursuant to law, Acquisition Regulations; Incremental Fund- Senate on December 7, 2016; to the Com- the Department’s fiscal year 2014 and fiscal ing of Fixed-Price, Time-and-Material or mittee on Health, Education, Labor, and year 2015 FAIR Act Commercial and Inher- Labor-Hour Contracts During a Continuing Pensions. EC–7929. A communication from the Assist- ently Governmental Activities Inventory; to Resolution’’ (48 CFR Part 1032 and 48 CFR the Committee on Homeland Security and Part 1052) received in the Office of the Presi- ant Secretary for Legislation, Department of Health and Human Services, transmitting, Governmental Affairs. dent of the Senate on December 8, 2016; to EC–7940. A communication from the Sec- pursuant to law, the Department’s fiscal the Committee on Finance. retary of Education, transmitting, pursuant years 2011–2014 Low Income Home Energy As- EC–7918. A communication from the Chief to law, the Department’s Semiannual Report of the Trade and Commercial Regulations sistance Program (LIHEAP) Reports to Con- of the Office of the Inspector General for the Branch, Bureau of Customs and Border Pro- gress and the LIHEAP Home Energy Note- period from April 1, 2016 through September tection, Department of Homeland Security, books for fiscal years 2011–2014; to the Com- 30, 2016; to the Committee on Homeland Se- transmitting, pursuant to law, the report of mittee on Health, Education, Labor, and curity and Governmental Affairs. a rule entitled ‘‘Electronic Notice of Liq- Pensions. EC–7941. A communication from the Chair- uidation’’ (RIN1515–AE16) received in the Of- EC–7930. A communication from the Chair- man, National Endowment for the Human- fice of the President of the Senate on Decem- man, U.S. Election Assistance Commission, ities, transmitting, pursuant to law, the or- ber 9, 2016; to the Committee on Finance. transmitting, pursuant to law, the Commis- ganization’s Performance and Account- EC–7919. A communication from the Assist- sion’s Semiannual Report of the Inspector ability Report for fiscal year 2016; to the ant Secretary for Legislation, Department of General for the period from April 1, 2016 Committee on Homeland Security and Gov- Health and Human Services, transmitting, through September 30, 2016; to the Com- ernmental Affairs. pursuant to law, the annual report on the mittee on Homeland Security and Govern- EC–7942. A communication from the Dep- Child Support Program for fiscal year 2015; mental Affairs. uty Secretary of Defense, transmitting, pur- to the Committee on Finance. EC–7931. A communication from the Direc- suant to law, the Department of Defense EC–7920. A communication from the Regu- tor, Congressional Affairs, Federal Election Semiannual Report of the Inspector General lations Coordinator, Office of Inspector Gen- Commission, transmitting, pursuant to law, for the period from April 1, 2016 through Sep- eral, Department of Health and Human Serv- the Commission’s Semiannual Report of the tember 30, 2016; to the Committee on Home- ices, transmitting, pursuant to law, the re- Inspector General for the period from April land Security and Governmental Affairs. port of a rule entitled ‘‘Medicare and State 1, 2016 through September 30, 2016; to the EC–7943. A communication from the Attor- Health Care Programs: Fraud and Abuse; Re- Committee on Homeland Security and Gov- ney-Advisor, Regulatory Affairs Law Divi- visions to the Office of Inspector General’s ernmental Affairs. sion, Department of Homeland Security, Civil Monetary Penalty Rules’’ (RIN0936– EC–7932. A communication from the Sec- transmitting, pursuant to law, the report of AA04) received in the Office of the President retary of Labor, transmitting, pursuant to a rule entitled ‘‘Petitions for Rulemaking, of the Senate on December 7, 2016; to the law, the Department of Labor’s Semiannual Amendment, or Repeal’’ (RIN1601–AA56) re- Committee on Finance. Report of the Inspector General for the pe- ceived in the Office of the President of the EC–7921. A communication from the Assist- riod from April 1, 2016 through September 30, Senate on December 5, 2016; to the Com- ant Secretary, Legislative Affairs, Depart- 2016; to the Committee on Homeland Secu- mittee on Homeland Security and Govern- ment of State, transmitting, pursuant to rity and Governmental Affairs. mental Affairs. law, a report relative to section 36(c) of the EC–7933. A communication from the Acting EC–7944. A communication from the Attor- Arms Export Control Act (DDTC 16–098); to Assistant Secretary for Administration and ney-Advisor, Regulatory Affairs Law Divi- the Committee on Foreign Relations. Management, Department of Labor, trans- sion, Department of Homeland Security, EC–7922. A communication from the Assist- mitting, pursuant to law, a report on the De- transmitting, pursuant to law, the report of ant Secretary, Legislative Affairs, Depart- partment of Labor’s 2014 and 2015 FAIR Act a rule entitled ‘‘Freedom of Information Act ment of State, transmitting, pursuant to Inventory of Inherently Governmental Ac- Regulations’’ (RIN1601–AA00) received in the law, a report relative to section 36(c) of the tivities and Inventory of Commercial Activi- Office of the President of the Senate on De- Arms Export Control Act (DDTC 16–110); to ties; to the Committee on Homeland Secu- cember 5, 2016; to the Committee on Home- the Committee on Foreign Relations. rity and Governmental Affairs. land Security and Governmental Affairs. EC–7923. A communication from the Assist- EC–7934. A communication from the Chief EC–7945. A communication from the Chair- ant Secretary, Legislative Affairs, Depart- Financial Officer, National Labor Relations man, Federal Maritime Commission, trans- ment of State, transmitting, pursuant to Board, transmitting, pursuant to law, a re- mitting, pursuant to law, the Commission’s law, a report relative to section 36(c) and port entitled ‘‘Performance and Account- Semiannual Report of the Inspector General 36(d) of the Arms Export Control Act (DDTC ability Report for Fiscal Year 2016’’; to the for the period from April 1, 2016 through Sep- 16–112); to the Committee on Foreign Rela- Committee on Homeland Security and Gov- tember 30, 2016; to the Committee on Home- tions. ernmental Affairs. land Security and Governmental Affairs. EC–7924. A communication from the Assist- EC–7935. A communication from the Presi- EC–7946. A communication from the Chair- ant Secretary, Legislative Affairs, Depart- dent of the United States, transmitting, pur- man, U.S. Election Assistance Commission, ment of State, transmitting, pursuant to suant to law, notification of the implementa- transmitting, pursuant to law, the Commis- law, a report relative to section 36(c) of the tion of an alternative pay plan for locality sion’s Semiannual Report of the Inspector

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00099 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.032 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7030 CONGRESSIONAL RECORD — SENATE December 9, 2016 General for the period from April 1, 2016 ment Area’’ (RIN0648–XF032) received in the ant to law, the report of a rule entitled through September 30, 2016; to the Com- Office of the President of the Senate on De- ‘‘Fisheries of the Northeastern United mittee on Homeland Security and Govern- cember 7, 2016; to the Committee on Com- States; Atlantic Bluefish Fishery; Quota mental Affairs. merce, Science, and Transportation. Transfers’’ (RIN0648–XF049) received in the EC–7947. A communication from the Chair- EC–7956. A communication from the Acting Office of the President of the Senate on De- man of the Consumer Product Safety Com- Director, Office of Sustainable Fisheries, De- cember 7, 2016; to the Committee on Com- mission, transmitting, pursuant to law, the partment of Commerce, transmitting, pursu- merce, Science, and Transportation. Semiannual Report of the Inspector General ant to law, the report of a rule entitled EC–7964. A communication from the Attor- for the period from April 1, 2016 through Sep- ‘‘International Fisheries; Pacific Tuna Fish- ney-Advisor, U.S. Coast Guard, Department tember 30, 2016; to the Committee on Home- eries; 2016 Bigeye Tuna Longline Fishery Re- of Homeland Security, transmitting, pursu- land Security and Governmental Affairs. opening in the Eastern Pacific Ocean’’ ant to law, the report of a rule entitled EC–7948. A communication from the Direc- (RIN0648–XE902) received in the Office of the ‘‘Safety Zone; Pago Pago Harbor, American tor of the Office of Regulatory Affairs and President of the Senate on December 7, 2016; Samoa’’ ((RIN1625–AA00) (Docket No. USCG– Collaborative Action, Bureau of Indian Af- to the Committee on Commerce, Science, 2016–0749)) received in the Office of the Presi- fairs, Department of the Interior, transmit- and Transportation. dent of the Senate on December 8, 2016; to ting, pursuant to law, the report of a rule en- EC–7957. A communication from the Acting the Committee on Commerce, Science, and titled ‘‘Addition of the Wind River Indian Director, Office of Sustainable Fisheries, De- Transportation. Reservation to the List of Courts of Indian partment of Commerce, transmitting, pursu- EC–7965. A communication from the Attor- Offenses’’ (RIN1076–AF33) received in the Of- ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department fice of the President of the Senate on Decem- ‘‘Fisheries of the Exclusive Economic Zone of Homeland Security, transmitting, pursu- ber 7, 2016; to the Committee on Indian Af- Off Alaska; Sablefish in the Central Regu- ant to law, the report of a rule entitled fairs. latory Area of the Gulf of Alaska’’ (RIN0648– ‘‘Safety Zone; Upper Mississippi River, St. EC–7949. A communication from the Direc- XE967) received in the Office of the President Louis, MO’’ ((RIN1625–AA00) (Docket No. tor of the Office of Regulatory Affairs and of the Senate on December 7, 2016; to the USCG–2016–1020)) received in the Office of the Collaborative Action, Bureau of Indian Af- Committee on Commerce, Science, and President of the Senate on December 8, 2016; fairs, Department of the Interior, transmit- Transportation. to the Committee on Commerce, Science, ting, pursuant to law, the report of a rule en- EC–7958. A communication from the Acting and Transportation. titled ‘‘Indian Child Welfare Act Pro- Director, Office of Sustainable Fisheries, De- EC–7966. A communication from the Attor- ceedings’’ (RIN1076–AF25) received in the Of- partment of Commerce, transmitting, pursu- ney-Advisor, U.S. Coast Guard, Department fice of the President of the Senate on Decem- ant to law, the report of a rule entitled of Homeland Security, transmitting, pursu- ber 7, 2016; to the Committee on Indian Af- ‘‘Fisheries of the Exclusive Economic Zone ant to law, the report of a rule entitled fairs. Off Alaska; Reallocation of Atka Mackerel ‘‘Safety Zones; Delaware River; Marcus EC–7950. A communication from the Direc- in the Bering Sea and Aleutian Islands Man- Hook, PA’’ ((RIN1625–AA00) (Docket No. tor of the Office of Regulatory Affairs and agement Area’’ (RIN0648–XE932) received in USCG–2016–1034)) received in the Office of the Collaborative Action, Bureau of Indian Af- the Office of the President of the Senate on President of the Senate on December 8, 2016; fairs, Department of the Interior, transmit- December 7, 2016; to the Committee on Com- to the Committee on Commerce, Science, ting, pursuant to law, the report of a rule en- merce, Science, and Transportation. and Transportation. titled ‘‘Tribal Transportation Program’’ EC–7959. A communication from the Acting EC–7967. A communication from the Attor- (RIN1076–AF19) received in the Office of the Director, Office of Sustainable Fisheries, De- ney-Advisor, U.S. Coast Guard, Department President of the Senate on December 7, 2016; partment of Commerce, transmitting, pursu- of Homeland Security, transmitting, pursu- to the Committee on Indian Affairs. ant to law, the report of a rule entitled ant to law, the report of a rule entitled EC–7951. A communication from the Chair- ‘‘Coastal Migratory Pelagic Resources of the ‘‘Shipping; Technical, Organizational, and man of the Federal Election Commission, Gulf of Mexico and Atlantic Region; 2016–2017 Conforming Amendments’’ (Docket No. transmitting, pursuant to law, a report rel- Commercial Accountability Measures and USCG–2016–0315) received in the Office of the ative to thirteen legislative recommenda- Closure for King Mackerel in the Florida President of the Senate on December 8, 2016; tions; to the Committee on Rules and Ad- West Coast Northern Subzone’’ (RIN0648– to the Committee on Commerce, Science, ministration. XF017) received in the Office of the President and Transportation. EC–7952. A communication from the Dep- of the Senate on December 7, 2016; to the EC–7968. A communication from the Attor- uty Assistant Administrator for Regulatory Committee on Commerce , Science, and ney-Advisor, U.S. Coast Guard, Department Programs, Office of Sustainable Fisheries, Transportation. of Homeland Security, transmitting, pursu- Department of Commerce, transmitting, pur- EC–7960. A communication from the Acting ant to law, the report of a rule entitled ‘‘Dis- suant to law, the report of a rule entitled Director, Office of Sustainable Fisheries, De- charge Removal Equipment for Vessels Car- ‘‘Fisheries of the Caribbean, Gulf of Mexico, partment of Commerce, transmitting, pursu- rying Oil’’ ((RIN1625–AA02) (Docket No. and South Atlantic; Shrimp Fishery of the ant to law, the report of a rule entitled USCG–2011–0430)) received in the Office of the Gulf of Mexico; Amendment 17A’’ (RIN0648– ‘‘Fisheries of the Northeastern United President of the Senate on December 8, 2016; BF77) received in the Office of the President States; Northeast Multispecies Fishery; to the Committee on Commerce, Science, of the Senate on December 7, 2016; to the Georges Bank Cod Trimester Total Allow- and Transportation. Committee on Commerce, Science, and able Catch Area Closure and Possession and EC–7969. A communication from the Attor- Transportation. Trip Limit Reductions for the Common Pool ney-Advisor, U.S. Coast Guard, Department EC–7953. A communication from the Acting Fishery’’ (RIN0648–XF002) received in the Of- of Homeland Security, transmitting, pursu- Director, Office of Sustainable Fisheries, De- fice of the President of the Senate on Decem- ant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- ber 7, 2016; to the Committee on Commerce, ‘‘Cargo Securing Manuals’’ ((RIN1625–AA25) ant to law, the report of a rule entitled Science, and Transportation. (Docket No. USCG–2000–7080)) received in the ‘‘Fisheries of the Exclusive Economic Zone EC–7961. A communication from the Acting Office of the President of the Senate on De- Off Alaska; Exchange of Flatfish in the Ber- Director, Office of Sustainable Fisheries, De- cember 8, 2016; to the Committee on Com- ing Sea and Aleutian Islands Management partment of Commerce, transmitting, pursu- merce, Science, and Transportation. Area’’ (RIN0648–XE969) received in the Office ant to law, the report of a rule entitled EC–7970. A communication from the Attor- of the President of the Senate on December ‘‘Fisheries of the Exclusive Economic Zone ney-Advisor, U.S. Coast Guard, Department 7, 2016; to the Committee on Commerce, Off Alaska; Several Groundfish Species in of Homeland Security, transmitting, pursu- Science, and Transportation. the Bering Sea and Aleutian Islands Manage- ant to law, the report of a rule entitled EC–7954. A communication from the Acting ment Area’’ (RIN0648–XF064) received in the ‘‘Harmonization of Standards for Fire Pro- Director, Office of Sustainable Fisheries, De- Office of the President of the Senate on De- tection, Detection, and Extinguishing Equip- partment of Commerce, transmitting, pursu- cember 7, 2016; to the Committee on Com- ment’’ ((RIN1625–AB59) (Docket No. USCG– ant to law, the report of a rule entitled merce, Science, and Transportation. 2012–0196)) received in the Office of the Presi- ‘‘Fisheries of the Exclusive Economic Zone EC–7962. A communication from the Acting dent of the Senate on December 8, 2016; to Off Alaska; Pacific Cod in the Bering Sea and Director, Office of Sustainable Fisheries, De- the Committee on Commerce, Science, and Aleutian Islands Management Area’’ partment of Commerce, transmitting, pursu- Transportation. (RIN0648–XF036) received in the Office of the ant to law, the report of a rule entitled ‘‘Pa- EC–7971. A communication from the Attor- President of the Senate on December 7, 2016; cific Island Pelagic Fisheries; 2016 Common- ney-Advisor, U.S. Coast Guard, Department to the Committee on Commerce, Science, wealth of the Northern Mariana Islands Big- of Homeland Security, transmitting, pursu- and Transportation. eye Tuna Fishery; Closure’’ (RIN0648–XE284) ant to law, the report of a rule entitled EC–7955. A communication from the Acting received in the Office of the President of the ‘‘Great Lakes Pilotage Rates - 2016 Annual Director, Office of Sustainable Fisheries, De- Senate on December 7, 2016; to the Com- Review and Changes to Methodology’’ partment of Commerce, transmitting, pursu- mittee on Commerce, Science, and Transpor- ((RIN1625–AC22) (Docket No. USCG–2015– ant to law, the report of a rule entitled tation. 0497)) received in the Office of the President ‘‘Fisheries of the Exclusive Economic Zone EC–7963. A communication from the Acting of the Senate on December 8, 2016; to the Off Alaska; Reallocation of Pacific Cod in Director, Office of Sustainable Fisheries, De- Committee on Commerce, Science, and the Bering Sea and Aleutian Islands Manage- partment of Commerce, transmitting, pursu- Transportation.

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00100 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.034 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7031 EC–7972. A communication from the Attor- By Mr. THUNE, from the Committee on By Mr. COCHRAN, from the Committee on ney-Advisor, U.S. Coast Guard, Department Commerce, Science, and Transportation: Appropriations: of Homeland Security, transmitting, pursu- Report to accompany S. 1403, a bill to Special Report entitled ‘‘Further Revised ant to law, the report of a rule entitled ‘‘Re- amend the Magnuson-Stevens Fishery Con- Allocation to Subcommittees of Budget To- quirements for Vessels with Registry En- servation and Management Act to promote tals for Fiscal Year 2017’’ (Rept. No. 114–405). dorsements or Foreign-Flagged Vessels that sustainable conservation and management f Perform Certain Aquaculture Support Oper- for the Gulf of Mexico and South Atlantic ations’’ ((RIN1625–AC23) (Docket No. USCG– fisheries and the communities that rely on INTRODUCTION OF BILLS AND 2015–0086)) received in the Office of the Presi- them, and for other purposes (Rept. No. 114– JOINT RESOLUTIONS dent of the Senate on December 8, 2016; to 398). The following bills and joint resolu- the Committee on Commerce, Science, and By Mr. THUNE, from the Committee on tions were introduced, read the first Transportation. Commerce, Science, and Transportation, EC–7973. A communication from the Senior with an amendment in the nature of a sub- and second times by unanimous con- Counsel for Regulatory Affairs, Financial stitute: sent, and referred as indicated: Stability Oversight Council, Department of S. 3038. A bill to reauthorize the Coastal By Mr. MENENDEZ: the Treasury, transmitting, pursuant to law, Zone Management Act of 1972, and for other S. 3537. A bill to authorize the Department the report of a rule entitled ‘‘Revision of purposes (Rept. No. 114–399). of Housing and Urban Development to trans- Freedom of Information Act Regulations’’ By Mr. THUNE, from the Committee on form neighborhoods of extreme poverty into (12 CFR Part 1301) received in the Office of Commerce, Science, and Transportation: sustainable, mixed-income neighborhoods the President of the Senate on December 8, Report to accompany S. 1685, a bill to di- with access to economic opportunities, by re- 2016; to the Committee on Banking, Housing, rect the Federal Communications Commis- vitalizing severely distressed housing, and and Urban Affairs. sion to extend to private land use restric- investing and leveraging investments in EC–7974. A communication from the Direc- tions its rule relating to reasonable accom- well-functioning services, educational oppor- tor of the Office of Regulatory Affairs and modation of amateur service communica- tunities, public assets, public transportation, Collaborative Action, Bureau of Indian Af- tions (Rept. No. 114–400). and improved access to jobs; to the Com- fairs, Department of the Interior, transmit- Report to accompany S. 2283, a bill to en- mittee on Banking, Housing, and Urban Af- ting, pursuant to law, the report of a rule ensure that small business providers of fairs. titled ‘‘Civil Penalties Inflation Adjust- broadband Internet access service can devote By Mr. CASEY (for himself and Mr. ments’’ (RIN1076–AF32) received in the Office resources to broadband deployment rather GRASSLEY): of the President of the Senate on December than compliance with cumbersome regu- S. 3538. A bill to improve enforcement 7, 2016; to the Committee on Indian Affairs. latory requirements (Rept. No. 114–401). against trafficking in cultural property and EC–7975. A communication from the Direc- Report to accompany S. 2829, a bill to prevent stolen or illicit cultural property tor of the Office of Regulatory Affairs and amend and enhance certain maritime pro- from financing terrorist and criminal net- Collaborative Action, Bureau of Indian Af- grams of the Department of Transportation, works, and for other purposes; to the Com- fairs, Department of the Interior, transmit- and for other purposes (Rept. No. 114–402). mittee on Finance. ting, pursuant to law, the report of a rule en- By Mr. ROBERTS, from the Committee on By Mr. DAINES (for himself, Mr. titled ‘‘Leasing of Osage Reservation Lands Agriculture, Nutrition, and Forestry: PERDUE, and Mr. LEE): for Oil and Gas Mining’’ (RIN1076–AF17) re- Report to accompany S. 2609, An original S. 3539. A bill to amend the Congressional ceived in the Office of the President of the bill to amend the Agricultural Marketing Budget Act of 1974 to provide that any esti- Senate on December 7, 2016; to the Com- Act of 1946 to require the Secretary of Agri- mate prepared by the Congressional Budget mittee on Indian Affairs. culture to establish a national voluntary la- Office or the Joint Committee on Taxation beling standard for bioengineered foods, and shall include costs relating to servicing the f for other purposes (Rept. No. 114–403). public debt; to the Committee on the Budget. EXECUTIVE AND OTHER COMMU- By Mr. BARRASSO, from the Committee By Mr. PERDUE (for himself and Mr. NICATIONS RECEIVED AFTER on Indian Affairs, with an amendment in the PETERS): MIDNIGHT ON DECEMBER 10, 2016 nature of a substitute: S. 3540. A bill to direct the Secretary of S. 2920. A bill to amend the Tribal Law and Veterans Affairs to carry out a pilot pro- EC–7976. A communication from the Presi- Order Act of 2010 and the Indian Law En- gram to provide access to magnetic EEG/ dent of the United States, transmitting, pur- forcement Reform Act to provide for ad- EKG-guided resonance therapy to veterans; suant to law, a report relative to the des- vancements in public safety services to In- to the Committee on Veterans’ Affairs. ignation as an emergency requirement all dian communities, and for other purposes By Mr. HATCH: funding so designated by the Congress in the (Rept. No. 114–404). S. 3541. A bill to require States and units of Further Continuing and Security Assistance By Mr. JOHNSON, from the Committee on local government receiving funds under Appropriations Act, 2017, pursuant to section Homeland Security and Governmental Af- grant programs operated by the Department 251 (b) (2) (A) of the Balanced Budget and fairs, with an amendment in the nature of a of Justice that use such funds for pretrial Emergency Deficit Control Act of 1985, as substitute: services programs to submit to the Attorney amended, for the enclosed list of accounts; to S. 236. A bill to amend the Pay-As-You-Go General a report relating to such programs, the Committee on the Budget. Act of 2010 to create an expedited procedure and for other purposes; to the Committee on EC–7977. A communication from the Presi- to enact recommendations of the Govern- the Judiciary. dent of the United States, transmitting, pur- ment Accountability Office for consolidation By Mr. GRAHAM (for himself, Mr. DUR- suant to law, a report relative to the des- and elimination to reduce duplication. BIN, Ms. MURKOWSKI, Mrs. FEINSTEIN, ignation for Overseas Contingency Oper- By Mr. ISAKSON, from the Committee on Mr. FLAKE, and Mr. SCHUMER): ations/Global War on Terrorism all funding Veterans’ Affairs, with an amendment in the S. 3542. A bill to provide provisional pro- including contributions from foreign govern- nature of a substitute: tected presence to qualified individuals who ments so designated by the Congress in the S. 290. A bill to amend title 38, United came to the United States as children; to the Further Continuing and Security Assistance States Code, to improve the accountability Committee on the Judiciary. Appropriations Act, 2017, pursuant to section of employees of the Department of Veterans By Mr. MENENDEZ (for himself, Mr. 251 (b) (2) (A) of the Balanced Budget and Affairs, and for other purposes. COONS, Mr. DURBIN, and Mrs. SHA- Emergency Deficit Control Act of 1985, as By Mr. JOHNSON, from the Committee on HEEN): amended, for the enclosed list of accounts; to Homeland Security and Governmental Af- S. 3543. A bill to contain, reverse, and deter the Committee on the Budget. fairs, with an amendment in the nature of a Russian aggression in Ukraine, to assist substitute: f Ukraine’s democratic transition, and for S. 1378. A bill to strengthen employee cost other purposes; to the Committee on Foreign REPORTS OF COMMITTEES savings suggestions programs within the Relations. The following reports of committees Federal Government. By Mr. DAINES: S. 1607. A bill to affirm the authority of the S. 3544. A bill to amend title 5, United were submitted: President to require independent regulatory States Code, to ensure that certain fire- By Mr. GRASSLEY, from the Committee agencies to comply with regulatory analysis fighters retain retirement benefits while in- on the Judiciary: requirements applicable to executive agen- jured or disabled, and for other purposes; to Report to accompany S. 2614, a bill to cies, and for other purposes. the Committee on Homeland Security and amend the Violent Crime Control and Law S. 2834. A bill to improve the Government- Governmental Affairs. Enforcement Act of 1994, to reauthorize the wide management of unnecessarily duplica- By Mr. SULLIVAN: Missing Alzheimer’s Disease Patient Alert tive Government programs and for other pur- S. 3545. A bill to protect Federal, State, Program, and to promote initiatives that poses. and local public safety officers; to the Com- will reduce the risk of injury and death re- S. 2972. A bill to amend title 31, United mittee on the Judiciary. lating to the wandering characteristics of States Code, to provide transparency and re- By Mr. FLAKE: some children with autism (Rept. No. 114– quire certain standards in the award of Fed- S. 3546. A bill to provide provisional pro- 397). eral grants, and for other purposes. tected presence to qualified individuals who

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00101 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.036 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7032 CONGRESSIONAL RECORD — SENATE December 9, 2016 came to the United States as children; to the BALDWIN, Mr. BARRASSO, Mr. BENNET, (Mr. TESTER) was added as a cosponsor Committee on the Judiciary. Mr. BLUMENTHAL, Mr. BLUNT, Mr. of S. 1959, a bill to provide greater con- By Mr. HATCH: BOOKER, Mr. BOOZMAN, Mrs. BOXER, trols and restrictions on revolving door S. 3547. A bill to amend title 5, United Mr. BURR, Ms. CANTWELL, Mrs. CAP- lobbying. States Code, to provide for the publication, ITO, Mr. CARDIN, Mr. CARPER, Mr. by the Office of Information and Regulatory CASEY, Mr. CASSIDY, Mr. COATS, Mr. S. 1980 Affairs, of information relating to rule mak- COCHRAN, Ms. COLLINS, Mr, COONS, At the request of Mr. MENENDEZ, the ings, and for other purposes; to the Com- Mr. CORKER, Mr. CORNYN, Mr. COT- name of the Senator from Florida (Mr. mittee on Homeland Security and Govern- TON, Mr. CRAPO, Mr. CRUZ, Mr. NELSON) was added as a cosponsor of S. mental Affairs. DAINES, Mr. DONNELLY, Mr. DURBIN, 1980, a bill to posthumously award a By Mr. CARDIN (for himself, Mr. Mr. ENZI, Mrs. ERNST, Mrs. FEIN- Congressional gold medal to Alice BLUNT, Ms. COLLINS, and Mrs. MCCAS- STEIN, Mrs. FISCHER, Mr. FLAKE, Mr. Paul, in recognition of her role in the KILL): FRANKEN, Mr. GARDNER, Mrs. GILLI- S. 3548. A bill to continue the Medicaid BRAND, Mr. GRAHAM, Mr. GRASSLEY, women’s suffrage movement and in ad- emergency psychiatric demonstration Mr. HATCH, Mr. HEINRICH, Ms. vancing equal rights for women. project; to the Committee on Health, Edu- HEITKAMP, Mr. HELLER, Ms. HIRONO, S. 2037 cation, Labor, and Pensions. Mr. HOEVEN, Mr. INHOFE, Mr. ISAK- At the request of Mrs. BOXER, the SON, Mr. JOHNSON, Mr. KAINE, Mr. f name of the Senator from Vermont KING, Mr. KIRK, Ms. KLOBUCHAR, Mr. (Mr. SANDERS) was added as a cospon- SUBMISSION OF CONCURRENT AND LANKFORD, Mr. LEAHY, Mr. LEE, Mr. sor of S. 2037, a bill to amend the High- SENATE RESOLUTIONS MANCHIN, Mr. MARKEY, Mr. MCCAIN, Mrs. MCCASKILL, Mr. MENENDEZ, Mr. er Education Act of 1965 to clarify the The following concurrent resolutions MERKLEY, Ms. MIKULSKI, Mr. MORAN, Federal Pell Grant duration limits of and Senate resolutions were read, and Ms. MURKOWSKI, Mr. MURPHY, Mrs. borrowers who attend an institution of referred (or acted upon), as indicated: MURRAY, Mr. NELSON, Mr. PAUL, Mr. higher education that closes or com- By Mr. FRANKEN (for himself, Mr. PERDUE, Mr. PETERS, Mr. REED, Mr. mits fraud or other misconduct, and for SANDERS, Mr. WHITEHOUSE, Ms. WAR- RISCH, Mr. ROBERTS, Mr. ROUNDS, Mr. other purposes. REN, Mr. MARKEY, Mr. MERKLEY, Ms. RUBIO, Mr. SANDERS, Mr. SASSE, Mr. S. 2268 BALDWIN, Mr. SCHATZ, Mr. WYDEN, SCHATZ, Mr. SCHUMER, Mr. SCOTT, Mr. ORNYN Mrs. BOXER, Mr. LEAHY, Mr. BROWN, SESSIONS, Mrs, SHAHEEN, Mr. SHELBY, At the request of Mr. C , the and Mr. MURPHY): Ms. STABENOW, Mr. SULLIVAN, Mr. name of the Senator from Florida (Mr. S. Res. 633. A resolution expressing the TESTER, Mr. THUNE, Mr. TILLIS, Mr. NELSON) was added as a cosponsor of S. sense of the Senate on the plan of the De- TOOMEY, Mr. UDALL, Mr. VITTER, Mr. 2268, a bill to award a Congressional partment of Defense and the Department of WARNER, Ms. WARREN, Mr. WHITE- Gold Medal to the United States Army Energy for modernizing the nuclear weapons HOUSE, Mr. WICKER, and Mr. WYDEN): Dust Off crews of the Vietnam War, of the United States; to the Committee on S. Res. 640. A resolution recognizing the death of John Glenn, former Senator for the collectively, in recognition of their ex- Armed Services. traordinary heroism and life-saving ac- By Mr. DAINES (for himself, Mr. State of Ohio and the first individual from SCHATZ, and Mr. COONS): the United States to orbit the Earth; consid- tions in Vietnam. S. Res. 634. A resolution affirming the im- ered and agreed to. S. 2584 portance of the security and privacy of the By Mr. GRASSLEY (for himself, Mr. At the request of Mr. KIRK, the name people of the United States; to the Com- LEAHY, Mr. HATCH, Mrs. FEINSTEIN, of the Senator from Connecticut (Mr. Mr. CORNYN, Ms. KLOBUCHAR, Mr. mittee on the Judiciary. BLUMENTHAL) was added as a cosponsor FRANKEN, Mr. COONS, Mr. By Mr. COATS (for himself and Mr. of S. 2584, a bill to promote and protect DONNELLY): BLUMENTHAL, and Mr. TILLIS): S. Res, 635. A resolution recognizing and Res. 641. A resolution celebrating the 200th from discrimination living organ do- commemorating the bicentennial of the anniversary of the Committee on the Judici- nors. State of Indiana; considered and agreed to. ary of the Senate; considered and agreed to. S. 2702 By Mr. MCCONNELL (for himself, Mr. By Mr. ALEXANDER (for himself and At the request of Mr. CASEY, the REID, Mr. BLUNT, and Mr. SCHUMER): Mr. MERKLEY): name of the Senator from New York S. Res. 636. A resolution designating the S. Res. 642. A resolution authorizing taking (Mrs. GILLIBRAND) was added as a co- week of December 4 through December 10, pictures and filming in the Senate Chamber, 2016, as ‘‘National Nurse-Managed Health the Senate Wing of the United States Cap- sponsor of S. 2702, a bill to amend the Clinic Week’’; considered and agreed to. itol, and Senate Office Buildings for produc- Internal Revenue Code of 1986 to allow By Mrs. FEINSTEIN (for herself and tion of a film and a book on the history of individuals with disabilities to save ad- Mrs. BOXER): the Senate; considered and agreed to. ditional amounts in their ABLE ac- S. Res. 637. A resolution honoring the indi- f counts above the current annual max- viduals who lost their lives in the tragic fire imum contribution if they work and in Oakland, California, on December 2, 2016; ADDITIONAL COSPONSORS earn income. considered and agreed to. S. 461 S. 2703 By Ms. HIRONO (for herself, Mr. SCHATZ, Mr. BLUMENTHAL, Mr. At the request of Mr. CORNYN, the At the request of Mr. CASEY, the BROWN, Ms. COLLINS, Mrs. FISCHER, name of the Senator from New Mexico name of the Senator from New York Mrs. GILLIBRAND, Mr. HATCH, Ms. (Mr. UDALL) was added as a cosponsor (Mrs. GILLIBRAND) was added as a co- HEITKAMP, Mr. KING, Mr. KIRK, Mr. of S. 461, a bill to provide for alter- sponsor of S. 2703, a bill to amend the MANCHIN, Mrs. MCCASKILL, Mr. native financing arrangements for the Internal Revenue Code of 1986 to allow MERKLEY, Mr. MORAN, Mrs. MURRAY, provision of certain services and the rollovers between 529 programs and Mr. NELSON, Mr. RUBIO, Mrs. SHA- construction and maintenance of infra- ABLE accounts. HEEN, Mr. SULLIVAN, Mr. TILLIS, Ms. WARREN, Mr. MENENDEZ, Mr. BENNET, structure at land border ports of entry, S. 2704 Mr. PETERS, Mrs. FEINSTEIN, Mrs. and for other purposes. At the request of Mr. CASEY, the CAPITO, Mr. KAINE, Mr. MURPHY, Mr. S. 1714 name of the Senator from New York MARKEY, Mr. WARNER, Mr. GARDNER, At the request of Mr. MANCHIN, the (Mrs. GILLIBRAND) was added as a co- and Mr. THUNE): name of the Senator from Missouri sponsor of S. 2704, a bill to amend the S. Res. 638. A resolution recognizing the (Mrs. MCCASKILL) was added as a co- Internal Revenue Code of 1986 to in- 75th anniversary of the attack on Pearl Har- bor and the lasting significance of National sponsor of S. 1714, a bill to amend the crease the age requirement with re- Pearl Harbor Remembrance Day; considered Surface Mining Control and Reclama- spect to eligibility for qualified ABLE and agreed to. tion Act of 1977 to transfer certain programs. By Ms. COLLINS (for herself and Mr. funds to the Multiemployer Health S. 2924 KING): Benefit Plan and the 1974 United Mine At the request of Mr. REID, the name S. Res. 639. A resolution designating De- Workers of America Pension Plan, and of the Senator from Florida (Mr. NEL- cember 17, 2016, as ‘‘Wreaths Across America for other purposes. Day’’; considered and agreed to. SON) was added as a cosponsor of S. By Mr. BROWN (for himself, Mr, S. 1959 2924, a bill to award a Congressional PORTMAN, Mr, MCCONNELL, Mr. REID, At the request of Mr. BENNET, the Gold Medal to former United States Mr. ALEXANDER, Ms. AYOTTE, Ms. name of the Senator from Montana Senator Max Cleland.

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00102 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.039 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7033 S. 2989 ROBERTS) was added as a cosponsor of lated Federal benefits that come with At the request of Ms. MURKOWSKI, the S. 3276, a bill to make habitual drunk such presumption under the Agent Or- names of the Senator from California drivers inadmissible and removable and ange Act of 1991. (Mrs. FEINSTEIN), the Senator from to require the detention of any alien S. RES. 524 Florida (Mr. NELSON), the Senator from who is unlawfully present in the United At the request of Mr. MURPHY, the Rhode Island (Mr. REED) and the Sen- States and has been charged with driv- name of the Senator from Ohio (Mr. ator from North Carolina (Mr. BURR) ing under the influence or driving BROWN) was added as a cosponsor of S. were added as cosponsors of S. 2989, a while intoxicated. Res. 524, a resolution expressing the bill to award a Congressional Gold S. 3328 sense of the Senate on the conflict in Medal, collectively, to the United At the request of Mr. BLUMENTHAL, Yemen. States merchant mariners of World the name of the Senator from Oregon AMENDMENT NO. 5149 War II, in recognition of their dedi- (Mr. MERKLEY) was added as a cospon- At the request of Ms. BALDWIN, the cated and vital service during World sor of S. 3328, a bill to amend title 38, names of the Senator from Massachu- War II. United States Code, to reform the setts (Mr. MARKEY), the Senator from S. 3124 rights and processes relating to appeals Oregon (Mr. MERKLEY), the Senator At the request of Mrs. ERNST, the of decisions regarding claims for bene- from New Hampshire (Mrs. SHAHEEN), name of the Senator from Kansas (Mr. fits under the laws administered by the the Senator from Hawaii (Ms. HIRONO), ROBERTS) was added as a cosponsor of Secretary of Veterans Affairs, and for the Senator from Delaware (Mr. S. 3124, a bill to require U.S. Immigra- other purposes. COONS), the Senator from Vermont (Mr. tion and Customs Enforcement to take S. 3451 SANDERS), the Senator from Con- into custody certain aliens who have At the request of Mr. BROWN, the necticut (Mr. MURPHY), the Senator been charged in the United States with name of the Senator from Massachu- from New York (Mr. SCHUMER), the a crime that resulted in the death or setts (Ms. WARREN) was added as a co- Senator from Michigan (Ms. STABE- serious bodily injury of another person, sponsor of S. 3451, a bill to amend the NOW), the Senator from New York (Mrs. and for other purposes. Internal Revenue Code of 1986 to pro- GILLIBRAND), the Senator from New S. 3130 vide a refundable and advanceable tax Jersey (Mr. MENENDEZ), the Senator At the request of Mr. MARKEY, the credit for individuals with young chil- from Oregon (Mr. WYDEN), the Senator name of the Senator from Minnesota dren. from California (Mrs. BOXER), the Sen- (Ms. KLOBUCHAR) was added as a co- S. 3478 ator from Minnesota (Mr. FRANKEN), sponsor of S. 3130, a bill to amend title At the request of Mr. KAINE, the the Senator from Connecticut (Mr. XVIII of the Social Security Act to name of the Senator from Florida (Mr. BLUMENTHAL), the Senator from Indi- provide for a permanent Independence NELSON) was added as a cosponsor of S. ana (Mr. DONNELLY) and the Senator at Home medical practice program 3478, a bill to require continued and en- from Massachusetts (Ms. WARREN) were under the Medicare program. hanced annual reporting to Congress in added as cosponsors of amendment No. S. 3132 the Annual Report on International 5149 intended to be proposed to S. 612, a At the request of Mrs. FISCHER, the Religious Freedom on anti-Semitic in- bill to designate the Federal building name of the Senator from Florida (Mr. cidents in Europe, the safety and secu- and United States courthouse located NELSON) was added as a cosponsor of S. rity of European Jewish communities, at 1300 Victoria Street in Laredo, 3132, a bill to direct the Secretary of and the efforts of the United States to Texas, as the ‘‘George P. Kazen Federal Veterans Affairs to carry out a pilot partner with European governments, Building and United States Court- program to provide service dogs to cer- the European Union, and civil society house’’. tain veterans with severe post-trau- groups, to combat anti-Semitism, and f matic stress disorder. for other purposes. S. 3149 At the request of Mr. RUBIO, the STATEMENTS ON INTRODUCED At the request of Mr. BROWN, the name of the Senator from Connecticut BILLS AND JOINT RESOLUTIONS name of the Senator from Connecticut (Mr. BLUMENTHAL) was added as a co- By Mr. DAINES (for himself, Mr. (Mr. MURPHY) was added as a cosponsor sponsor of S. 3478, supra. PERDUE, and Mr. LEE): of S. 3149, a bill to posthumously award S. 3509 S. 3539. A bill to amend the Congres- a Congressional Gold Medal to Law- At the request of Mr. CORNYN, his sional Budget Act of 1974 to provide rence Eugene ‘‘Larry’’ Doby in recogni- name was added as a cosponsor of S. that any estimate prepared by the Con- tion of his achievements and contribu- 3509, a bill to impose sanctions with re- gressional Budget Office or the Joint tions to American major league ath- spect to the People’s Republic of China Committee on Taxation shall include letics, civil rights, and the Armed in relation to activities in the South costs relating to servicing the public Forces during World War II. China Sea and the East China Sea, and debt; to the Committee on the Budget. S. 3237 for other purposes. Mr. DAINES. Mr. President, I am in- At the request of Ms. CANTWELL, the S. 3527 troducing a bill that will reveal to the name of the Senator from Colorado At the request of Mr. WHITEHOUSE, public the true cost of legislative pro- (Mr. BENNET) was added as a cosponsor the name of the Senator from Cali- posals by requiring that interest ex- of S. 3237, a bill to amend the Internal fornia (Mrs. FEINSTEIN) was added as a pense be included in all budgetary esti- Revenue Code of 1986 to reform the low- cosponsor of S. 3527, a bill to amend the mates. income housing credit, and for other Internal Revenue Code of 1986 to pre- This bill will finally allow the Amer- purposes. vent high net worth individuals from ican people to understand the true cost S. 3256 receiving tax windfalls for entering of the irresponsible spending that is At the request of Mr. DURBIN, the government service. going on here by Congress, and it will name of the Senator from Oregon (Mr. S. CON. RES. 51 force Congress to deal with the reality MERKLEY) was added as a cosponsor of At the request of Mr. GRASSLEY, the of our debt so that we can make the de- S. 3256, a bill to amend the Foreign As- name of the Senator from Ohio (Mr. cisions that need to be made going for- sistance Act of 1961 to provide assist- BROWN) was added as a cosponsor of S. ward, knowing the true impact they ance for developing countries to pro- Con. Res. 51, a concurrent resolution will have on our children and our mote quality basic education and to es- expressing the sense of Congress that grandchildren. tablish the goal of all children in those who served in the bays, harbors, Let me give an example. The current school and learning as an objective of and territorial seas of the Republic of interest the taxpayer pays today on the United States foreign assistance Vietnam during the period beginning the national debt is approximately $248 policy, and for other purposes. on January 9, 1962, and ending on May billion per year. Now, when interest S. 3276 7, 1975, should be presumed to have rates go up, this number will signifi- At the request of Mr. GRASSLEY, the been exposed to the toxin Agent Or- cantly increase. In fact, the Congres- name of the Senator from Kansas (Mr. ange and should be eligible for all re- sional Budget Office projects that by

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00103 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.041 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7034 CONGRESSIONAL RECORD — SENATE December 9, 2016 the year 2026, the amount of interest S. 3539 We are working together on a measure we will pay on our national debt will Be it enacted by the Senate and House of Rep- we call the BRIDGE Act, which we are exceed $700 billion per year. resentatives of the United States of America in going to introduce today. This is an ef- In 1974, the Congressional Budget Act Congress assembled, fort by Senator GRAHAM and myself to SECTION 1. SHORT TITLE. have a bipartisan answer to the ques- established two organizations as offi- This Act may be cited as the ‘‘Budgetary cial budgetary scorekeepers. They are Accuracy in Scoring Interest Costs Act of tion about what happens to these the referees used to calculate cost esti- 2016’’. 800,000 and others like them while we mates for a legislative proposal. When SEC. 2. CBO AND JCT ESTIMATES TO INCLUDE debate the future of immigration. I a Member of Congress puts forward a DEBT SERVICING COSTS. think what we are taking is a reason- bill, they put forward an estimate on (a) IN GENERAL.—Title IV of the Congres- able step forward. As PAUL RYAN, the what it would cost. In this way, the sional Budget and Impoundment Control Act Speaker of the House said the other system already recognizes that the of 1974 (2 U.S.C. 651 et seq.) is amended by in- day, there is no need to disrupt their serting after section 402 the following: public deserves to know not only how lives. President-Elect Donald Trump ‘‘ESTIMATES TO INCLUDE DEBT SERVICING COSTS much the bill will cost but, addition- said recently in Time Magazine: ‘‘SEC. 403. Any estimate prepared by the ally, how much interest will cost on Congressional Budget Office under section We’re going to work out something that’s additional debt as a result of the bill 402, and any estimate prepared by the Joint going to make people happy and proud. proposal. However, it probably sur- Committee on Taxation, shall include, to the Speaking of the DREAMers, Presi- prises a lot of folks that the law does extent practicable, the costs (if any) of serv- dent-Elect Trump said: not currently require these score- icing the debt subject to limit under section They got brought here at a very young age, keepers, these umpires, these referees 3101 of title 31, United States Code.’’. they’ve worked here, they’ve gone to school to account for the interest cost on (b) CLERICAL AMENDMENT.—The table of here. Some were good students. Some have contents of such Act is amended by inserting wonderful jobs. And they’re in never-never those estimates. Can you imagine? after the item relating to section 402 the fol- Imagine a family around the dinner land because they don’t know what’s going lowing: to happen. table, thinking about purchasing a car ‘‘403. Estimates to include debt servicing So Senator GRAHAM and I are pro- or perhaps a new home but not consid- costs.’’. ering the cost of the interest on that posing this legislation today, and we very loan used to buy that car or that By Mr. GRAHAM (for himself, invite Members to join us in supporting new home. Run the amortization table Mr. DURBIN, Ms. MURKOWSKI, it. It is simple. It would provide protec- sometime on a 30-year conventional Mrs. FEINSTEIN, Mr. FLAKE, and tion from deportation and legal author- loan for a new home. Depending on the Mr. SCHUMER): ity to continue working and studying rate and the terms of the loan, the in- S. 3542. A bill to provide provisional to the people who are eligible for terest the consumer will pay can actu- protected presence to qualified individ- DACA. The BRIDGE Act has a new term— ally exceed the cost of the home itself. uals who came to the United States as not DACA—but ‘‘provisional protected Yet this is what the Federal Govern- children; to the Committee on the Ju- presence.’’ If you have DACA now, you ment does with its legislative budg- diciary. would receive provisional protected etary estimates, and it is wrong. That Mr. DURBIN. Mr. President, 6 years status until your DACA expires, and is not the way ordinary folks do it, and ago, I joined with Senator Dick Lugar you can apply for an extension. If you that is not the way we should be doing in a bipartisan request of President don’t have DACA protection now but it here. Obama to do something to protect the you are eligible, you can also apply for At the end of the day, whether Con- DREAMers—those young kids brought to America as babies and infants and this provisional protected presence. gress properly accounts for its budg- Applicants would be required to pay eted costs or not, the American people toddlers and teenagers who were undocumented, living in America, and a reasonable fee, be subject to criminal are going to have to pick up the dime. background checks, and meet the same The way we are calculating budgetary had no place other than America to call home. We wanted these DREAMers eligibility criteria that currently ap- costs now actually deflates the true plied to DACA. This legal status would cost. So it is painting a rosier picture to have a chance, not to be deported— a chance to go to school, a chance to be good for 3 years. DACA is only good for the public than what actually ex- for 2 years but is renewable. The status ists. work, a chance to prove themselves and to become part of the future of we are creating would be good for 3 If I were to go back home, chat with America. years after the BRIDGE Act becomes a Montanan, and tell them that Con- President Obama created the DACA law. gress allows gimmicks that really Program by Executive order, and de- I believe this legislation will attract shield how much it spends, they would spite the political controversy of that broad support from both sides of the be furious—and they should be furious. decision on the other side of the aisle, aisle. But let me be clear. The BRIDGE Government spending is bloated and the fact is it was a lifeline for up to Act that we are introducing today is no far exceeds any commonsense approach 800,000 who have now come forward. substitute for broader legislation to fix that a Montana family would use for They paid their filing fee of several our broken immigration system. This their own household. It is time Con- hundred dollars, they have gone bill should not be tied to other unre- gress had a true account of the debt through a criminal background check lated measures. Let’s take care of burden it is leaving for our kids and to make sure there is nothing in their these young people who are in doubt our grandkids. background to disqualify them from about tomorrow before we debate the That is why I am introducing the staying in the United States, and they larger and equally important question Budgetary Accuracy in Scoring Costs have been given a temporary approval about immigration reform, which has Act—the acronym is the BASIC Act— to stay here without fear of deporta- so many facets. which will require budget scorekeepers tion and to work. So they have gone on Senator GRAHAM and I were two to include the cost of interest on a leg- to colleges and medical schools and law Members of the bipartisan Gang of 8, islative proposal. This bill will allow schools. They have taken important Republicans and Democrats who au- the American public to better under- jobs. They have volunteered to serve in thored comprehensive immigration re- stand the true costs of irresponsible our military. They are proving that form legislation that passed the Sen- fiscal spending in Congress and will they want to be part of America’s fu- ate. We both believe that Congress force this body to face the important ture. must consider legislation to deal with decisions it has before it. Now, if that Executive order, DACA, all aspects of the immigration law. In Mr. President, I ask unanimous con- is eliminated, what happens to them? particular, I strongly believe person- sent that the text of the bill be printed That has been a concern and a fear, not ally—personally, I believe—that we in the RECORD. just on this side of the aisle but on the need a path to citizenship not just for There being no objection, the text of other side as well. DREAMers but for their parents and the bill was ordered to be printed in I am happy to report that Senator other undocumented immigrants who the RECORD, as follows: LINDSEY GRAHAM has stepped forward. are living in the shadows but, by every

VerDate Sep 11 2014 04:31 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00104 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.118 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7035 measure, should be given a chance to he was 4 years old. Will America be ployee not been injured or disabled, includ- prove themselves in America. stronger if we deport him? I don’t ing the rights to tenure, promotion, and We need to pass the BRIDGE Act think so. safeguards in reductions-in-force procedures; quickly to ensure that DREAMers who The answer is obvious. I hope Presi- ‘‘(B) the department or agency which was the last employer shall, if the injury or dis- came forward to register for DACA do dent-Elect Trump will understand this ability is overcome within a period of more not lose critical work permits. and will continue the DACA Program than 1 year after the date of commencement There are 28 medical students at the or encourage the passage of the of compensation, make all reasonable efforts Loyola University Stritch School of BRIDGE Program, as we move forward. to place, and accord priority to placing, the Medicine in Chicago. They are DACA- If he decides to end DACA, the Presi- employee in the former or equivalent posi- eligible. They competed nationally. dent-elect can then turn to Congress tion of the employee within such department They weren’t given any specific slots. and ask us to do our part by passing or agency, or within any other department or agency; and They were accepted to medical school. the BRIDGE Act. If they lose their work permit, they ‘‘(C) a covered employee who was injured during the 20-year period ending on the date have to drop out of medical soon, and By Mr. DAINES: of enactment of the Wildland Firefighter Re- they can’t do their clinical work, S. 3544. A bill to amend title 5, tirement and Disability Compensation Bene- which is important to medical edu- United States Code, to ensure that cer- fits Act of 2016 may not receive the same re- cation. So let’s not lose them and oth- tain firefighters retain retirement ben- tirement benefits described in paragraph ers who can serve our country in the efits while injured or disabled, and for (1)(B)(ii) unless the covered employee first future. other purposes; to the Committee on makes a payment to the Forest Service or Over the years, I have come to the Homeland Security and Governmental the Department of the Interior, as applica- floor to tell stories about these Affairs. ble, equal to the amount that would have Mr. DAINES. Mr. President, I ask been deducted from pay under section 8334 or DREAMers, and I would like to tell one 8442, as applicable, had the covered employee today about Javier Cuan-Martinez. He unanimous consent that the text of the not been injured or disabled.’’. came at the age of 4 from Mexico with bill be printed in the RECORD. SEC. 3. COMPUTATION OF PAY. his parents. He was 4 years old. He There being no objection, the text of (a) IN GENERAL.—Section 8114 of title 5, went to elementary school in Texas. He the bill was ordered to be printed in United States Code, is amended by striking moved to Temecula, CA. He was an ex- the RECORD, as follows: subsection (e) and inserting the following: cellent student involved in many ac- S. 3544 ‘‘(e) OVERTIME.— ‘‘(1) DEFINITIONS.—In this subsection, the tivities. He was a member of the Na- Be it enacted by the Senate and House of Rep- term ‘covered overtime pay’ means pay re- tional Honor Society, and he was resentatives of the United States of America in ceived by an employee who holds a position named Riverside County’s Student of Congress assembled, with the Forest Service or the Department the Month. He received an award from SECTION 1. SHORT TITLE. of the Interior as a wildland firefighter while the College Board’s National Hispanic This Act may be cited as the ‘‘Wildland engaged in wildland fire suppression activ- Firefighter Retirement and Disability Com- ity. Recognition Program, given to only pensation Benefits Act of 2016’’. 5,000 of the 250,000 Hispanic students ‘‘(2) OVERTIME.—The value of subsistence SEC. 2. CIVIL SERVICE RETENTION RIGHTS. and quarters, and of any other form of remu- who took the test. He was a member of Section 8151 of title 5, United States Code, neration in kind for services if its value can the Math Club and a drum major in the is amended by striking subsection (b) and in- be estimated in money, and covered over- school’s marching band. He volun- serting the following: time pay and premium pay under section teered in his town’s soup kitchen for ‘‘(b) REGULATIONS.— 5545(c)(1) of this title are included as part of the homeless and received the Presi- ‘‘(1) DEFINITIONS.—In this subsection— the pay, but account is not taken of— dent’s Volunteer Service Award. ‘‘(A) the term ‘covered employee’ means an ‘‘(A) overtime pay; He didn’t even know he was undocu- employee who— ‘‘(B) additional pay or allowance author- ‘‘(i) held a position with the Forest Service mented until he was applying for col- ized outside the United States because of dif- or the Department of the Interior as a ferential in cost of living or other special lege and he learned that he was ineli- wildland firefighter; and circumstances; or gible for any Federal financial assist- ‘‘(ii) sustained an injury while in the per- ‘‘(C) bonus or premium pay for extraor- ance to go to school. formance of duty, as determined by the Di- dinary service including bonus or pay for Thanks to his academic achieve- rector of the Office of Personnel Manage- particularly hazardous service in time of ments, this young man was accepted at ment, that prevents the employee from per- war.’’. Harvard University. He is now a sopho- forming the physical duties of a firefighter; (b) EFFECTIVE DATE.—The amendment more majoring in computer science, a ‘‘(B) ‘equivalent position’ includes a posi- made by subsection (a) shall take effect on October 1, 2016. member of the Harvard Computer Soci- tion for a covered employee that allows the covered employee to— f ety and Harvard’s marching band. ‘‘(i) receive the same retirement benefits Thanks to DACA, he is supporting him- under subchapter III of chapter 83 or chapter SUBMITTED RESOLUTIONS self by working as a web developer. 84 that the covered employee would receive He sent me a letter, and here is what in the former position had the covered em- he said: ployee not been injured or disabled; and SENATE RESOLUTION 633—EX- DACA doesn’t give me an advantage; rath- ‘‘(ii) does not require the covered employee PRESSING THE SENSE OF THE er, it gives me the opportunity to create my to complete any more years of service that SENATE ON THE PLAN OF THE own future on the same grounds as any other the covered employee would be required to DEPARTMENT OF DEFENSE AND student. I would like to be judged upon my complete to receive the benefits described in THE DEPARTMENT OF ENERGY qualities as a person rather than what papers clause (i) had the covered employee not been FOR MODERNIZING THE NU- I happen to have in my hand. I hope to be a injured or disabled; and CLEAR WEAPONS OF THE computer programmer and begin earning my ‘‘(C) the term ‘firefighter’ has the meaning UNITED STATES own living as a contributing member of given the term in section 8331. America’s society. ‘‘(2) REGULATIONS.—Under regulations Mr. FRANKEN (for himself, Mr. Consider this. Every year, the United issued by the Office of Personnel Manage- SANDERS, Mr. WHITEHOUSE, Ms. WAR- ment— REN, Mr. MARKEY, Mr. MERKLEY, Ms. States of America imports guest work- ‘‘(A) the department or agency which was ers to do computer programming on H– BALDWIN, Mr. SCHATZ, Mr. WYDEN, Mrs. the last employer shall immediately and un- BOXER, Mr. LEAHY, Mr. BROWN, and Mr. 1B visas. So does it make any sense to conditionally accord the employee, if the in- MURPHY) submitted the following reso- deport this young man who could fill jury or disability has been overcome within lution; which was referred to the Com- one of those important jobs, who was 1 year after the date of commencement of mittee on Armed Services: educated and raised in the United compensation or from the time compensable S. RES. 633 States and wants to stay and be a part disability recurs if the recurrence begins of our future? after the injured employee resumes regular Whereas nuclear war poses the gravest risk Javier and other DREAMers have so full-time employment with the United to the national security of the United States, the right to resume the former or an States; much to give America. But if DACA is equivalent position of the employee, as well Whereas, as of 2016, the United States eliminated, he will lose his legal status as all other attendant rights which the em- maintains a force of approximately 7,000 nu- and be deported back to Mexico—a ployee would have had, or acquired, in the clear weapons, either active, on reserve, or country he barely knows and left when former position of the employee had the em- waiting for dismantlement;

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00105 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.117 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7036 CONGRESSIONAL RECORD — SENATE December 9, 2016 Whereas the Department of Defense and modernize United States nuclear weapons from financial records to passwords to the Department of Energy are planning an and delivery systems for such weapons with personal conversations. It is more im- extensive and costly program to ‘‘mod- the goal of ensuring that such proposals portant now than ever before to secure ernize’’ the nuclear weapons of the United focus on refurbishment to ensure security and protect our personal information. States; and safety as well as efficiency of existing Criminals also use technology to Whereas there is substantial controversy weapons and delivery systems; and over whether the nuclear modernization plan (2) prioritize among any programs that are commit crimes and to hide their iden- goes beyond assuring that the United States planned so that the United States retains a tities. Law enforcement faces tremen- nuclear deterrent is safe, secure, and reliable nuclear arsenal robust enough to meet deter- dous challenges in protecting our coun- to defend the United States and allies of the rence needs and so that such programs do try from domestic and international United States, and is instead a plan for the not jeopardize other economic investments threats. They need tools and resources development of an even more powerful nu- and other security expenditures appropriate that allow them to face 21st century clear arsenal that lacks sufficient cost anal- to the needs of the United States in the 21st threats. ysis or decisions on priorities; century, including responses to conventional While security should be a top pri- Whereas the nuclear modernization plan and non-conventional threats. was launched in a different budget era before ority for our nation, it must not come the enactment of the Budget Control Act of f at the cost of diminished constitutional rights. The Constitution and 2011 (Public Law 112–25; 125 Stat. 240), which SENATE RESOLUTION 634—AFFIRM- includes budget caps; Congress have recognized certain pri- ING THE IMPORTANCE OF THE Whereas there is widespread agreement vacy rights and interests in digital SECURITY AND PRIVACY OF THE that the United States should retain a robust communications. nuclear arsenal to deter a nuclear attack on PEOPLE OF THE UNITED STATES U.S. security and privacy policies the United States or allies of the United Mr. DAINES (for himself, Mr. have global economic impacts, and pre- States; Whereas, if the nuclear modernization plan SCHATZ, and Mr. COONS) submitted the serving personal security and privacy is followed, the United States would face a following resolution; which was re- is essential for the continued growth of ‘‘modernization mountain’’ of the heightened ferred to the Committee on the Judici- the economy. We must carefully bal- expenses associated with developing and pro- ary: ance our privacy and security inter- curing 12 SSBN(X) nuclear submarines, as S. RES. 634 ests, and changes to policies that im- many as 100 long-range strike bombers, a Whereas the highest priority of Congress pact our civil liberties must be made new nuclear-tipped cruise missile, and 642 should be ensuring the safety, security, and with the consideration of Congress and intercontinental ballistic missiles and nu- constitutional freedoms of the United States clear weapons all at the same time; the American people. and the people of the United States; Whereas the total cost to develop, procure, That is why today I submit a resolu- Whereas technology has become a critical and maintain such an enhanced nuclear arse- tion to affirm the importance of the se- component of everyday life; nal over the next 3 decades has been esti- curity and privacy of Americans. This mated at up to $1,000,000,000,000; Whereas the people of the United States resolution recognizes our national se- Whereas, if all those nuclear weapons pro- store the most sensitive personal information on digital devices and with cloud serv- curity needs, our civil liberties, and grams move forward at their estimated cost, the need to carefully balance the two. other priorities may suffer, including the ices; fight against international terrorism, the Whereas criminals and terrorists have used f digital communications to perpetrate unlaw- purchase of conventional weapons, and train- SENATE RESOLUTION 635—RECOG- ing and maintenance of troops; ful conduct; Whereas protecting the national security NIZING AND COMMEMORATING Whereas a 2014 review by the National De- THE BICENTENNIAL OF THE fense Panel, led by former Secretary of De- and safety of communities in the United fense William Perry and retired United States should not come at the cost of dimin- STATE OF INDIANA States Army General John Abizaid, con- ished protections under the Fourth Amend- Mr. COATS (for himself and Mr. DON- ment to the Constitution of the United cluded, ‘‘Recapitalization of all three legs of NELLY) submitted the following resolu- the nuclear Triad with associated weapons States; Whereas the Fourth Amendment to the tion; which was considered and agreed could cost between $600 billion and $1 trillion to: over a thirty year period, the costs of which Constitution of the United States is a cor- would likely come at the expense of needed nerstone of freedom for the people of the S. RES. 635 improvements in conventional forces.’’; United States; Whereas December 11, 2016, marks the Whereas Brian McKeon, the Principal Dep- Whereas the Supreme Court of the United 200th year of the statehood of the State of uty Under Secretary of Defense for Policy, States and Federal laws recognize certain Indiana, and in honor of the momentous oc- noted, ‘‘We’re looking at that big bow wave privacy rights and interests in the digital in- casion, Hoosiers across the State of Indiana and wondering how the heck we’re going to formation and communications of the people will celebrate the historic past and the pros- pay for it, and probably thanking our lucky of the United States; and perous future of the State of Indiana; stars we won’t be here to answer the ques- Whereas preserving privacy and security is Whereas, on December 11, 1816, President tion.’’; essential for the continued growth of the dig- James Madison signed the Joint Resolution Whereas Under Secretary of Defense ital economy: Now, therefore, be it entitled ‘‘Resolution for admitting the state (Comptroller) Mike McCord expressed his Resolved, That it is the sense of the Senate of Indiana into the Union’’, approved Decem- concern over the costs of the nuclear refur- that— ber 11, 1816 (3 Stat. 399), which admitted the bishment program, saying, ‘‘I don’t know of (1) the United States should recognize the State of Indiana as the 19th State of the a good way for us to solve this issue.’’, while need to protect the safety, security, and per- United States and required that the leaders noting that it will be a major challenge for sonal privacy of all people of the United of the State of Indiana draft a State con- the next President; States; stitution; Whereas Todd Harrison of the Center for (2) legal and policy changes that impact Whereas Jonathan Jennings, who spear- Strategic and International Studies pointed the security of the United States and the headed the effort in Congress to secure Indi- out that with a nuclear modernization bow civil liberties of the people of the United ana statehood, together with 43 of his peers, wave facing the United States, the next States should be made with the consider- drafted the first Indiana State Constitution President ‘‘will need to make many difficult ation of Congress, the executive branch, and beneath the shade of a giant elm tree in the choices to rationalize long-term defense the people of the United States; and city of Corydon, Indiana, during the summer modernization plans with the resources (3) in considering the changes described in of 1816; available’’; and paragraph (2), the United States should rec- Whereas in recognition of his role in Con- Whereas former Secretary of Defense Perry ognize the global and economic implications gress and as president of the constitutional stated at a July 2016 hearing, ‘‘I do not be- of the security and privacy policies of the convention of the State of Indiana, Jonathan lieve we should simply modernize all sys- United States. Jennings was appointed the first Governor of tems that we built during the Cold War.’’: Mr. DAINES. Mr. President, tech- the State of Indiana, the giant elm tree was Now, therefore, be it nology has become a critical part of later dubbed the Constitution Elm, and Resolved, That it is the sense of the Senate our everyday lives. We use our com- Corydon, Indiana, served as the first capital that the President should— puters and smart phones to commu- of the State of Indiana; (1) take action to ensure the affordability nicate with our friends and family, Whereas, in October 1824, a coalition of and feasibility of the plan of the Department State officials commenced an 11-day trek to of Defense and the Department of Energy for conduct business, and to share infor- move the capital of the State of Indiana 130 modernizing the nuclear weapons of the mation. The amount of sensitive per- miles north from Corydon to Indianapolis; United States by reevaluating, and modi- sonal information we store on our de- Whereas, in 1850, a second constitutional fying accordingly, proposals for programs to vices and in the cloud is astonishing, convention of the State of Indiana convened

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00106 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.050 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7037 with the purpose of establishing more fre- art and improves public access to the sur- ices provide quality care in a cost-effective quent elections, imposing restrictions on rounding governmental buildings; and manner: Now, therefore, be it State debt, and creating biannual legislative (4) the construction of a new facility to Resolved, That the Senate— sessions for the Indiana General Assembly, house the Indiana State Archives to provide (1) designates the week of December 4 and as of November 2016, the Indiana State increased access to the most important docu- through December 10, 2016, as ‘‘National Constitution of 1850, as amended, still gov- ments of the State of Indiana; Nurse-Managed Health Clinic Week’’; erns the State of Indiana; Whereas, on September 9, 2016, a torch (2) supports the ideals and goals of Na- Whereas, in 1888, Benjamin Harrison was relay began in Corydon, Indiana, and ended tional Nurse-Managed Health Clinic Week; the first and only Hoosier to be elected at the Statehouse on October 15, 2016, during and President; which the torch traveled through all 92 coun- (3) encourages the expansion of nurse-man- Whereas, since 1869, 5 Hoosiers have served ties of the State of Indiana in— aged health clinics so that nurse-managed the United States as Vice President, and in (1) an effort to fortify the communal con- health clinics may continue to serve as 2016, the sixth Hoosier to serve as Vice Presi- nection of all Hoosiers; and health care workforce development sites for (2) a symbolic culmination of the series of dent was elected; the next generation of primary care pro- celebratory and educational bicentennial Whereas in celebration of the centennial of viders. events, concluding on Statehood Day on De- the State of Indiana, a design competition cember 11, 2016; and f for the State flag was held, and the design by Whereas it is fitting that the bicentennial Paul Hadley was chosen for its stoic sym- of the State of Indiana and the cor- SENATE RESOLUTION 637—HON- bolism, including— responding 200 years of rich history are cele- (1) the torch that stands for liberty and en- ORING THE INDIVIDUALS WHO brated: Now, therefore, be it lightenment; LOST THEIR LIVES IN THE Resolved, That the Senate recognizes and TRAGIC FIRE IN OAKLAND, CALI- (2) the rays that signify that knowledge commemorates the bicentennial of the State and freedom are available for all Hoosiers; of Indiana. FORNIA, ON DECEMBER 2, 2016 (3) the 18 small stars that correspond to the States in the Union before the State of f Mrs. FEINSTEIN (for herself and Mrs. BOXER) submitted the following Indiana; and SENATE RESOLUTION 636—DESIG- resolution; which was considered and (4) the 19th and largest star that represents NATING THE WEEK OF DECEM- the State of Indiana; agreed to: BER 4 THROUGH DECEMBER 10, Whereas, the Indiana General Assembly 2016, AS ‘‘NATIONAL NURSE-MAN- S. RES. 637 adopted the flag designed by Paul Hadley as AGED HEALTH CLINIC WEEK’’ Whereas, on Friday, December 2, 2016, a the flag of the State of Indiana in 1917; fire broke out at the Ghost Ship, an artist Whereas, in 1937, by the direction of a reso- Mr. ALEXANDER (for himself and collective warehouse located in the lution of the Indiana General Assembly, ‘‘the Mr. MERKLEY) submitted the following Fruitvale community on 31st Avenue in Oak- Crossroads of America’’ became the official resolution; which was considered and land, California; motto of the State of Indiana because the agreed to: Whereas Oakland, California, and its arts city of Indianapolis serves as an intersection S. RES. 636 community suffered a horrific tragedy that of several major interstate highways that evening and continue to mourn the loss of link— Whereas nurse-managed health clinics are nonprofit, community-based health care the individuals who died in the fire; (1) Hoosiers throughout the State of Indi- Whereas, according to city of Oakland offi- ana; and sites that offer primary care and wellness services based on the nursing model; cials, the Ghost Ship warehouse fire is the (2) individuals across the United States; deadliest fire in the history of Oakland; Whereas the seal of the State of Indiana— Whereas the nursing model emphasizes the protection, promotion, and optimization of Whereas, according to Alameda County (1) was approved by the Indiana General Sheriff’s Office, as of December 5, 2016, 36 in- Assembly in 1963 and originated from a lin- health, the prevention of illness, the allevi- ation of suffering, and the diagnosis and dividuals perished in the fire; eage of designs dating back to the period Whereas it took more than 50 firefighters during which Indiana was a territory of the treatment of illness; Whereas an advanced practice nurse leads not less than 4 hours to extinguish the fire United States; and an aggressive, coordinated effort to se- (2) illustrates a scene from the pioneer era each nurse-managed health clinic, and an cure the scene by— of— interdisciplinary team of highly qualified (1) the Oakland Fire Department; (A) a woodsman cutting into 1 of 2 syca- health care professionals staffs each nurse- (2) the Oakland Police Department; more trees; managed health clinic; (B) a buffalo in the foreground jumping Whereas nurse-managed health clinics (3) the Alameda County Sheriff’s Office, in- over a log; and offer a broad scope of services, including cluding— (C) the sun beginning to set behind 3 hills treatment for acute and chronic illnesses, (A) the Coroner’s Bureau; and in the background; routine physical exams, immunizations for (B) the Alameda County Search and Rescue Whereas residents of the State of Indiana adults and children, disease screenings, Unit; embrace the nickname for the State of Indi- health education, prenatal care, dental care, (4) Oakland Public Works; ana, ‘‘the Hoosier State’’, pride for the term and drug and alcohol treatment; (5) the California Governor’s Office of ‘‘Hoosier’’ is deeply rooted in the history of Whereas, as of September 2016, approxi- Emergency Services; the State of Indiana, and Hoosiers bear the mately 500 nurse-managed health clinics pro- (6) the Bureau of Alcohol, Tobacco, Fire- nickname proudly; vided care across the United States and re- arms and Explosives; Whereas May 29, 2016, marked the 100th corded more than 2,500,000 patient encoun- (7) the American Red Cross; and running of the Indianapolis 500, which is a ters annually; (8) other agencies; great source of pride to all residents of the Whereas nurse-managed health clinics Whereas first responders, firefighters, and State of Indiana because of its influential strengthen the health care safety net by ex- recovery personnel, including agents of the role in shaping and defining the city of Indi- panding access to primary care and chronic Bureau of Alcohol, Tobacco, Firearms and anapolis and the State of Indiana; disease management services for vulnerable Explosives, have worked around the clock to Whereas the Indiana Bicentennial Commis- and medically underserved populations in di- support the families of the victims and the sion was established in December of 2011 verse rural, urban, and suburban commu- community; with the objective of honoring the 200 years nities; Whereas first responders and recovery per- of history of the State of Indiana; Whereas research has shown that nurse- sonnel— Whereas the Indiana Bicentennial Commis- managed health clinics experience high pa- (1) are vital to the ongoing recovery ef- sion has 4 key pillars, which are— tient retention and patient satisfaction forts; and (1) historical celebration; rates, and nurse-managed health clinic pa- (2) continue to investigate the cause of the (2) youth and education; tients, compared to patients of other similar deadly fire; and (3) nature conservation; and safety net providers, experience higher rates Whereas the officials of the city of Oak- (4) community involvement; of generic medication fills and lower hos- land, California, have worked tirelessly to Whereas, to achieve its 4 main directives, pitalization rates; heal the community: Now, therefore, be it the Indiana Bicentennial Commission has Whereas the 2013 Health Affairs article Resolved, That the Senate— several major projects, including— ‘‘Nurse-Managed Health Centers and Pa- (1) honors the individuals who lost their (1) a Bicentennial Nature Trust that allo- tient-Homes Could Mitigate Expected Pri- lives in the tragic fire in Oakland, Cali- cates $30,000,000 in matching funds to acquire mary Care Physician Shortage’’ highlights fornia, on December 2, 2016; land statewide for the purposes of recreation the ability of nurse-managed health clinics (2) honors the sacrifice of the first respond- and conservation; to bring high quality care to individuals who ers, firefighters, agents of the Bureau of Al- (2) the construction of a Statehouse Edu- may not otherwise receive needed services; cohol, Tobacco, Firearms and Explosives, cation Center in the Indiana State Library; and and all individuals who put themselves in (3) the building of a Bicentennial Plaza on Whereas nurse-managed health clinics of- harm’s way to help save lives and continue the west side of the Statehouse that features fering both primary care and wellness serv- to respond to the fire;

VerDate Sep 11 2014 07:09 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00107 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.055 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7038 CONGRESSIONAL RECORD — SENATE December 9, 2016 (3) expresses continued solidarity with the Whereas, in 1950, Admiral Arthur Radford Teach’’, is carried out in part by coordi- people of the East Bay of the State of Cali- ordered that a flagpole be erected over the nating wreath-laying ceremonies in all 50 fornia as they work to heal their commu- remains of the USS Arizona, one of the bat- States and overseas, including at— nity; tleships of the United States sunk at Pearl (1) Arlington National Cemetery; (4) reaffirms its commitment to support Harbor; (2) veterans cemeteries; and long-term recovery efforts in partnership Whereas the USS Arizona serves as the (3) other locations; with local and State governments, citizens, final resting place for many of the 1,177 crew Whereas the Wreaths Across America and businesses; members of that battleship who lost their project carries out a week-long veterans pa- (5) supports the city of Oakland’s contin- lives on December 7, 1941; rade between Maine and Virginia, stopping ued emergency response efforts and work to Whereas the USS Arizona also serves as an along the way to spread a message about the assist the families of the victims of the fire; educational site for people of the United importance of— and States and international visitors alike, rais- (1) remembering the fallen heroes of the (6) offers condolences and support to the ing awareness about the attack on Pearl United States; families and loved ones of the victims of the Harbor and the perils of war; (2) honoring those who serve; and fire. Whereas the terms of the Japanese sur- (3) reminding the people of the United f render fostered significant democratic re- States about the sacrifices made by veterans form in Japan, including ensuring the indi- and their families to preserve freedoms in SENATE RESOLUTION 638—RECOG- vidual liberty and rights of the people of the United States; NIZING THE 75TH ANNIVERSARY Japan; Whereas, in 2015, approximately 901,000 re- OF THE ATTACK ON PEARL HAR- Whereas the United States has moved be- membrance wreaths were sent to more than BOR AND THE LASTING SIGNIFI- yond the tragedy of Pearl Harbor and war 1,100 locations across the United States and CANCE OF NATIONAL PEARL against Japan and, in the years since the overseas, an increase of more than 100 loca- HARBOR REMEMBRANCE DAY conclusion of World War II, has formed a tions compared to the previous year; strong and valuable alliance with Japan, in- Whereas, in December 2016, the tradition of Ms. HIRONO (for herself, Mr. SCHATZ, cluding military cooperation and bilateral escorting tractor-trailers filled with donated Mr. BLUMENTHAL, Mr. BROWN, Ms. COL- trade; and wreaths from Maine to Arlington National LINS, Mrs. FISCHER, Mrs. GILLIBRAND, Whereas, on August 23, 1994, Congress en- Cemetery will be continued by— Mr. HATCH, Ms. HEITKAMP, Mr. KING, acted Public Law 103–308 (later codified as (1) the Patriot Guard Riders; and Mr. KIRK, Mr. MANCHIN, Mrs. MCCAS- section 129 of title 36, United States Code), (2) other patriotic escort units, including which designates December 7th of each year KILL, Mr. MERKLEY, Mr. MORAN, Mrs. motorcycle units, law enforcement units, as National Pearl Harbor Remembrance Day MURRAY, Mr. NELSON, Mr. RUBIO, Mrs. and first responder units; and requests that the President— Whereas hundreds of thousands of individ- SHAHEEN, Mr. SULLIVAN, Mr. TILLIS, (1) issue each year a proclamation calling uals volunteer each December to help lay re- Ms. WARREN, Mr. MENENDEZ, Mr. BEN- on the people of the United States to observe membrance wreaths; NET, Mr. PETERS, Mrs. FEINSTEIN, Mrs. National Pearl Harbor Remembrance Day Whereas the trucking industry in the with appropriate ceremonies and activities; CAPITO, Mr. KAINE, Mr. MURPHY, Mr. United States continues to support the MARKEY, Mr. WARNER, Mr. GARDNER, and (2) urge all departments, agencies, and in- Wreaths Across America project by pro- and Mr. THUNE) submitted the fol- strumentalities of the Federal Government, viding drivers, equipment, and related serv- lowing resolution; which was consid- and interested organizations, groups, and in- ices to assist in the transportation of ered and agreed to: dividuals, to fly the flag of the United States wreaths across the United States to over S. RES. 638 at half-staff each December 7th in honor of 1,200 locations; Whereas, on December 7, 1941, without the individuals who died as a result of their Whereas the Senate designated December warning and minutes before 8:00 a.m., air- service at Pearl Harbor: Now, therefore, be it 12, 2015, as ‘‘Wreaths Across America Day’’; craft of the Imperial Japanese Navy at- Resolved, That the Senate, on the occasion and tacked military installations of the United of the 75th anniversary of the December 7, Whereas, on December 17, 2016, the Wreaths States at Pearl Harbor and elsewhere on the 1941, attack on Pearl Harbor, Hawaii— Across America project will continue the island of Oahu, Hawaii; (1) pays tribute to the members of the proud legacy of bringing remembrance Whereas the attack at Pearl Harbor lasted Armed Forces of the United States and civil- wreaths to Arlington National Cemetery: for approximately 5 hours, during which 2,403 ians who died in the attack; Now, therefore, be it members of the Armed Forces of the United (2) honors the thousands of men and Resolved, That the Senate— States were killed or mortally wounded, 1,247 women of the Armed Forces of the United (1) designates December 17, 2016, as members of the Armed Forces of the United States who paid the ultimate sacrifice and ‘‘Wreaths Across America Day’’; States were wounded, and 57 civilians lost gave their lives in defense of freedom and (2) honors— their lives; liberty during World War II; (A) the Wreaths Across America project; Whereas Japanese aircraft mercilessly at- (3) acknowledges the continued peaceful (B) patriotic escort units, including motor- tacked facilities, naval vessels, and aircraft and mutually beneficial relationship be- cycle units, law enforcement units, and first of the United States in 2 waves, destroying tween the United States and Japan; and responder units; or severely damaging numerous vessels of (4) appreciates the efforts of Japan as one (C) the trucking industry in the United the United States Pacific Fleet and 188 air- of the most reliable security partners of the States; and craft of the United States, while Japanese United States. (D) the volunteers and donors involved in submarines torpedoed several vessels of the f this worthy tradition; and (3) recognizes— United States between San Francisco and SENATE RESOLUTION 639—DESIG- Honolulu; (A) the service of veterans and members of Whereas President Franklin Delano Roo- NATING DECEMBER 17, 2016, AS the Armed Forces; and sevelt declared the day of the attack on ‘‘WREATHS ACROSS AMERICA (B) the sacrifices that veterans, members Pearl Harbor ‘‘a date which will live in in- DAY’’ of the Armed Forces, and their families have famy’’, and the people of the United States made, and continue to make, for the United Ms. COLLINS (for herself and Mr. States, a great Nation. became united in remembrance of their fall- KING) submitted the following resolu- en countrymen and committed to defending tion; which was considered and agreed f the United States against all aggressors; Whereas, on the day following the attack to: SENATE RESOLUTION 640—RECOG- on Pearl Harbor, December 8, 1941, Congress S. RES. 639 NIZING THE DEATH OF JOHN declared war against Japan, and 3 days later Whereas, 25 years before the date of adop- GLENN, FORMER SENATOR FOR against Germany, thus beginning the in- tion of this resolution, the Wreaths Across THE STATE OF OHIO AND THE volvement of the United States in a global America project began with an annual tradi- FIRST INDIVIDUAL FROM THE conflict that would define a generation; tion that occurs in December, of donating, UNITED STATES TO ORBIT THE Whereas more than 400,000 men and women transporting, and placing 5,000 Maine balsam of the United States sacrificed their lives to fir remembrance wreaths on the graves of EARTH preserve the sacred freedoms of the United the fallen heroes buried at Arlington Na- Mr. BROWN (for himself, Mr. States and to cease forever the spread of Na- tional Cemetery; PORTMAN, Mr. MCCONNELL, Mr. REID, zism through Europe and imperialism by Whereas, in the 25 years preceding the date Mr. ALEXANDER, Ms. AYOTTE, Ms. Japan; of adoption of this resolution, more than BALDWIN, Mr. BARRASSO, Mr. BENNET, Whereas, after nearly 4 years of warfare, 3,317,000 wreaths have been sent to locations, and following victory on the European front, including national cemeteries and veterans Mr. BLUMENTHAL, Mr. BLUNT, Mr. World War II ended on September 2, 1945, memorials, in every State and overseas; BOOKER, Mr. BOOZMAN, Mrs. BOXER, Mr. when the Japanese surrendered aboard the Whereas the mission of the Wreaths Across BURR, Ms. CANTWELL, Mrs. CAPITO, Mr. USS Missouri; America project, to ‘‘Remember, Honor, CARDIN, Mr. CARPER, Mr. CASEY, Mr.

VerDate Sep 11 2014 07:09 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00108 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.060 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7039 CASSIDY, Mr. COATS, Mr. COCHRAN, Ms. Whereas, in 2008, Ohio State University served as chairmen, and a total of 349 men COLLINS, Mr. COONS, Mr. CORKER, Mr. founded the John Glenn School of Public Af- and women representing 49 States have CORNYN, Mr. COTTON, Mr. CRAPO, Mr. fairs, which, in 2015, became the John Glenn served on the Committee; College of Public Affairs, with the mission to Whereas the first chairman of the Com- CRUZ, Mr. DAINES, Mr. DONNELLY, Mr. ‘‘inspire citizenship and develop leadership’’ mittee on the Judiciary of the Senate was DURBIN, Mr. ENZI, Mrs. ERNST, Mrs. in the public sector; Senator Dudley Chase of Vermont; FEINSTEIN, Mrs. FISCHER, Mr. FLAKE, Whereas John Glenn was awarded the Con- Whereas the Committee on the Judiciary Mr. FRANKEN, Mr. GARDNER, Mrs. gressional Gold Medal on November 16, 2011; of the Senate is regularly the epicenter of GILLIBRAND, Mr. GRAHAM, Mr. GRASS- Whereas John Glenn was awarded the Pres- the most significant and controversial issues LEY, Mr. HATCH, Mr. HEINRICH, Ms. idential Medal of Freedom on May 29, 2012; in the United States, and is tasked with up- HEITKAMP, Mr. HELLER, Ms. HIRONO, Whereas 1 author described John Glenn as holding fundamental rights and values for all Mr. HOEVEN, Mr. INHOFE, Mr. ISAKSON, ‘‘the last true national hero America has people of the United States; ever had’’; Whereas the Committee on the Judiciary Mr. JOHNSON, Mr. KAINE, Mr. KING, Mr. Whereas John Glenn is survived by his wife of the Senate has shaped the physical bound- KIRK, Ms. KLOBUCHAR, Mr. LANKFORD, of 73 years, his 2 children, and his 2 aries of the United States; Mr. LEAHY, Mr. LEE, Mr. MANCHIN, Mr. grandsons; and Whereas, during the Civil War, the Com- MARKEY, Mr. MCCAIN, Mrs. MCCASKILL, Whereas the United States is deeply in- mittee on the Judiciary of the Senate helped Mr. MENENDEZ, Mr. MERKLEY, Ms. MI- debted to John Glenn for his passion for ex- ensure that President Abraham Lincoln had KULSKI, Mr. MORAN, Ms. MURKOWSKI, ploration, commitment to public service, the emergency powers necessary to pursue Mr. MURPHY, Mrs. MURRAY, Mr. NEL- and desire to make the world a better place: the war effort; SON, Mr. PAUL, Mr. PERDUE, Mr. Now, therefore, be it Whereas, in February 1864, the Committee Resolved, That— on the Judiciary of the Senate reported the PETERS, Mr. REED, Mr. RISCH, Mr. ROB- (1) the Senate— 13th Amendment to the Constitution of the ERTS, Mr. ROUNDS, Mr. RUBIO, Mr. (A) extends its deepest condolences and United States and took an important step in SANDERS, Mr. SASSE, Mr. SCHATZ, Mr. gratitude to the family of John Glenn; and ending slavery in the United States by vot- SCHUMER, Mr. SCOTT, Mr. SESSIONS, (B) honors the legacy and life of John ing favorably on the language of the amend- Mrs. SHAHEEN, Mr. SHELBY, Ms. STABE- Glenn, his commitment to the United States, ment, ‘‘Neither slavery nor involuntary ser- NOW, Mr. SULLIVAN, Mr. TESTER, Mr. and his service to the Senate and the United vitude, except as a punishment for crime THUNE, Mr. TILLIS, Mr. TOOMEY, Mr. States; and whereof the party shall have been duly con- UDALL, Mr. VITTER, Mr. WARNER, Ms. (2) when the Senate adjourns today, it victed, shall exist within the United stands adjourned as a further mark of re- States.’’; WARREN, Mr. WHITEHOUSE, Mr. WICKER, spect to the memory of the late John Glenn. Whereas the Committee on the Judiciary and Mr. WYDEN) submitted the fol- of the Senate played a vital role in the devel- f lowing resolution; which was consid- opment and adoption of the 14th and 15th ered and agreed to: SENATE RESOLUTION 641—CELE- Amendments to the Constitution of the S. RES. 640 BRATING THE 200TH ANNIVER- United States; Whereas John Glenn was born in Cam- SARY OF THE COMMITTEE ON Whereas, in 1872, the Committee on the Ju- bridge, Ohio, in 1921 to John Herschel Glenn, THE JUDICIARY OF THE SENATE diciary of the Senate was on the forefront of Sr. and Clara Sproat Glenn; the women’s suffrage movement; Whereas, at 2 years of age, John Glenn Mr. GRASSLEY (for himself, Mr. Whereas, in 1937, the Committee on the Ju- moved to New Concord, Ohio, the town where LEAHY, Mr. HATCH, Mrs. FEINSTEIN, Mr. diciary of the Senate blocked the attempt by he met his childhood sweetheart and future CORNYN, Ms. KLOBUCHAR, Mr. FRANKEN, President Franklin D. Roosevelt to pack the wife; Mr. COONS, Mr. BLUMENTHAL, and Mr. Supreme Court of the United States; Whereas, before enactment, the Civil Whereas, in March 1942, shortly after the TILLIS) submitted the following resolu- Japanese attack on Pearl Harbor, John Rights Act of 1957 (Public Law 85–315; 71 tion; which was considered and agreed Stat. 634) and the Civil Rights Act of 1964 (42 Glenn, who was a student at Muskingum Col- to: lege in New Concord, Ohio, at the time of the U.S.C. 2000a et seq.) were introduced and re- attack, entered the Naval Aviation Cadet S. RES. 641 ferred to the Committee on the Judiciary of program; Whereas the Committee on the Judiciary the Senate; Whereas John Glenn served in the Marine of the Senate— Whereas the Committee on the Judiciary Corps from 1942 to 1965, during which time (1) was established by a resolution adopted of the Senate considered and reported the John Glenn— on December 10, 1816, as one of the original Voting Rights Act of 1965 (52 U.S.C. 10301); (1) flew 59 combat missions in World War II standing committees of the Senate; and Whereas the Committee on the Judiciary and 63 combat missions in Korea; and (2) as of December 2016, is one of the origi- of the Senate considers civil rights legisla- (2) for his service, earned 6 separate Distin- nal standing committees that remain; tion, including— guished Flying Cross awards and the Air Whereas the Committee on the Judiciary (1) the Fannie Lou Hamer, Rosa Parks, and Medal with 18 clusters; of the Senate originally had 5 members; Coretta Scott King Voting Rights Act Reau- Whereas, in 1959, John Glenn was selected Whereas, according to the Standing Rules thorization and Amendments Act of 2006 (52 by the National Aeronautics and Space Ad- of the Senate, the Committee on the Judici- U.S.C. 10301 note; Public Law 109–246); and ministration to serve as 1 of the original 7 ary of the Senate has jurisdiction over— (2) the Matthew Shepard and James Byrd, astronauts of the space program of the (1) apportionment of Representatives; Jr. Hate Crimes Prevention Act (Public Law United States; (2) bankruptcy, mutiny, espionage, and 111–84; 123 Stat. 2835); Whereas, on February 20, 1962, John Glenn counterfeiting; Whereas the Committee on the Judiciary guided Mercury spacecraft Friendship 7 into (3) civil liberties; of the Senate has advanced laws to improve space and circled the globe 3 times, traveling (4) amendments to the Constitution of the the criminal justice system, punish crimi- a distance of 3,600,000 miles and becoming United States; nals, and protect victims of crime and the in- the first individual from the United States (5) Federal courts and judges; nocent, including— (1) the Sentencing Reform Act of 1984 (Pub- to orbit the Earth; (6) Government information; lic Law 98–473; 98 Stat. 1987); Whereas, in 1974, John Glenn arrived in the (7) holidays and celebrations; (2) the Juvenile Justice and Delinquency Senate, where he represented his home State (8) immigration and naturalization; Prevention Act of 1974 (Public Law 93–415; 88 of Ohio for 25 years before retiring in 1999; (9) interstate compacts, generally; Stat. 1109); Whereas, during his time in the Senate, (10) judicial proceedings, civil and crimi- (3) the Victims of Crime Act of 1984 (42 John Glenn served on the Committee on nal, generally; U.S.C. 10601 et seq.); Governmental Affairs, the Committee on (11) local courts in territories and posses- (4) the Trafficking Victims Protection Act Foreign Relations, the Committee on Armed sions; of 2000 (22 U.S.C. 7101 et seq.); Services, the Select Committee on Intel- (12) measures relating to claims against (5) the Justice for All Act of 2004 (Public ligence, and the Special Committee on the United States; Law 108–405; 118 Stat. 2260); Aging; (13) national penitentiaries; (6) the Fair Sentencing Act of 2010 (Public Whereas, as Chairman of the Committee on (14) the Patent Office; Law 111–220; 124 Stat. 2372); and Governmental Affairs, John Glenn worked (15) patents, copyrights, and trademarks; (7) the Preserving United States Attorney on a bipartisan basis to eliminate waste and (16) protection of trade and commerce Independence Act of 2007 (Public Law 110–34; make the Federal Government more effi- against unlawful restraints and monopolies; 121 Stat. 224); cient; (17) revision and codification of the laws of Whereas, in 1990, the Committee on the Ju- Whereas, in 1998, as a 77-year old sitting the United States; and diciary of the Senate reported S. 2754 of the Senator, John Glenn boarded the space shut- (18) State and territorial boundary lines; 101st Congress, entitled the ‘‘Violence tle Discovery for 9 days, again setting his- Whereas the Committee on the Judiciary Against Women Act of 1990’’ and advanced S. tory as the oldest individual to fly in space; of the Senate has had 42 members who have 47 of the 113th Congress, which was enacted

VerDate Sep 11 2014 07:09 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00109 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.066 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7040 CONGRESSIONAL RECORD — SENATE December 9, 2016 as the Violence Against Women Reauthoriza- SECTION 1. AUTHORIZATION OF TAKING OF PIC- SA 5158. Mr. McCONNELL submitted an tion Act of 2013 (Public Law 113–4; 127 Stat. TURES AND FILMING IN SENATE amendment intended to be proposed by him 54); CHAMBER, SENATE WING, AND SEN- to the bill S. 612, supra; which was ordered to Whereas the Committee on the Judiciary ATE OFFICE BUILDINGS. lie on the table. (a) AUTHORIZATION.—During the period be- of the Senate— SA 5159. Mr. McCONNELL submitted an ginning on the date of adoption of this reso- (1) has promoted government trans- amendment intended to be proposed by him lution and ending on May 1, 2017, with re- parency; to the bill S. 612, supra; which was ordered to spect to an individual or entity entering into (2) reported the bill that was enacted as lie on the table. a memorandum of understanding described SA 5160. Mr. McCONNELL submitted an section 552 of title 5, United States Code in subsection (d)— amendment intended to be proposed by him (commonly known as the ‘‘Freedom of Infor- (1) paragraph 1 of rule IV of the Rules for to the bill S. 612, supra; which was ordered to mation Act’’); and the Regulation of the Senate Wing of the lie on the table. (3) has continued to improve that Act by United States Capitol and Senate Office SA 5161. Mrs. BOXER (for herself, Ms. passing legislation, including the FOIA Im- Buildings (prohibiting the taking of pictures CANTWELL, Mr. WYDEN, Mr. MERKLEY, Mrs. provement Act of 2016 (Public Law 114–185; in the Senate Chamber) is temporarily sus- MURRAY, and Mr. HEINRICH) submitted an 130 Stat. 538); pended for the purpose of permitting the tak- amendment intended to be proposed by her Whereas the Committee on the Judiciary ing of pictures and filming while the Senate to the bill S. 612, supra; which was ordered to of the Senate is one of the busiest and most is in session or in recess; and lie on the table. productive committees of the Senate, and (2) taking of pictures and filming shall be SA 5162. Mr. WYDEN (for himself, Mr. 1 approximately ⁄5 of all measures that are re- permitted in the Senate Wing of the United HATCH, Mr. CRAPO, Mr. RISCH, Mr. MERKLEY, ferred to committees of the Senate are re- States Capitol and in Senate Office Build- Ms. BALDWIN, Mr. BENNET, Mr. HEINRICH, and ferred to the Committee on the Judiciary of ings. Mr. UDALL) submitted an amendment in- the Senate; (b) LIMITATION ON USE OF IMAGES.—The pic- tended to be proposed by him to the bill S. Whereas the Committee on the Judiciary tures taken and film made under subsection 612, supra; which was ordered to lie on the of the Senate handles nominations, including (a) may only be used for production of a film table. SA 5163. Mr. WYDEN (for himself, Mr. nominations for— documentary and a book on the history of HATCH, Mr. CRAPO , Mr. RISCH, Mr. MERKLEY, (1) the Supreme Court of the United the Senate. Ms. BALDWIN, Mr. BENNET, Mr. HEINRICH, and States; (c) ARRANGEMENTS.—The Sergeant at Arms Mr. UDALL) submitted an amendment in- (2) the courts of appeals of the United and Doorkeeper of the Senate shall make the tended to be proposed by him to the bill H.R. States; necessary arrangements to carry out this 2028, making appropriations for energy and (3) the district courts of the United States; resolution, including such arrangements as water development and related agencies for are necessary to ensure that the taking of (4) the Department of Justice; the fiscal year ending September 30, 2016, and (5) the Attorney General; pictures and filming conducted under this for other purposes; which was ordered to lie (6) the Director of the Federal Bureau of resolution does not disrupt any proceeding of on the table. Investigation; the Senate. SA 5164. Mr. MANCHIN (for himself, Mr. (7) United States Attorneys; (d) PRODUCTION AGREEMENT.—The Majority SCHUMER, Mr. DONNELLY, Mrs. MCCASKILL, (8) the United States Marshals Service; and Leader of the Senate, the Minority Leader of Mr. CASEY, Mr. BROWN, Mr. WARNER, Ms. the Senate, and the Chairman and Ranking (9) the United States Sentencing Commis- HEITKAMP, Mr. LEAHY, Mr. KING, Ms. KLO- Member of the Committee on Rules and Ad- sion; BUCHAR, Mr. WYDEN, Mrs. FEINSTEIN, Mr. ministration of the Senate shall jointly Whereas the work of the Committee on the FRANKEN, Mr. WHITEHOUSE, Mrs. GILLIBRAND, enter into a memorandum of understanding Judiciary of the Senate has contributed to a Mr. MENENDEZ, Mr. BOOKER, Mr. SANDERS, with an individual or entity seeking to take more diverse Federal judiciary; Mr. DURBIN, Ms. WARREN, Ms. HIRONO, Mr. pictures and conduct filming for purposes of Whereas members of the Committee on the NELSON, Mrs. BOXER, Mr. BENNET, Mr. producing a film documentary and a book on Judiciary of the Senate have been elected BLUMENTHAL, Ms. BALDWIN, Mr. CARPER, Ms. the history of the Senate to formalize an President or Vice President or appointed to STABENOW, Mr. KAINE, Mr. MARKEY, Mr. agreement on locations and times for taking the Cabinet or the Supreme Court of the MERKLEY, Mr. MURPHY, Mr. HEINRICH, Mr. pictures and conducting filming and the use United States; PETERS , Mrs. SHAHEEN, Mr. TESTER, Mr. of the pictures taken and film made under Whereas Senator Edward M. Kennedy of UDALL, Mr. REED, Ms. CANTWELL, Mrs. MUR- this resolution. Massachusetts served on the Committee on RAY, Mr. CARDIN, Mr. SCHATZ, Mr. COONS, Ms. the Judiciary of the Senate for 45 years from f MIKULSKI, Mr. REID, Mr. PORTMAN, Mrs. CAP- ITO, and Mr. KIRK) submitted an amendment 1963 to 2009, the longest period served on the AMENDMENTS SUBMITTED AND intended to be proposed by him to the bill Committee on the Judiciary of the Senate by PROPOSED H.R. 2028, supra; which was ordered to lie on any Senator; and SA 5151. Mr. McCONNELL submitted an the table. Whereas Senator James O. Eastland of SA 5165. Mr. WYDEN submitted an amend- amendment intended to be proposed by him Mississippi served as chairman of the Com- ment intended to be proposed by him to the to the bill H.R. 2028, making appropriations mittee on the Judiciary of the Senate for 22 bill H.R. 2028, supra; which was ordered to lie for energy and water development and re- years from 1956 to 1978, and was the longest- on the table. serving chairman of the Committee on the lated agencies for the fiscal year ending Sep- SA 5166. Mr. PORTMAN (for himself and Judiciary of the Senate: Now, therefore, be it tember 30, 2016, and for other purposes; which Mrs. CAPITO) submitted an amendment in- Resolved, That the Senate— was ordered to lie on the table. tended to be proposed by him to the bill H.R. (1) celebrates and congratulates the Com- SA 5152. Mr. McCONNELL submitted an 2028, supra; which was ordered to lie on the mittee on the Judiciary of the Senate on the amendment intended to be proposed by him table. celebration of its 200th anniversary; and to the bill H.R. 2028, supra; which was or- SA 5167. Mr. DURBIN submitted an amend- (2) applauds the many accomplishments of dered to lie on the table. ment intended to be proposed by him to the the Committee on the Judiciary of the Sen- SA 5153. Mr. McCONNELL submitted an bill H.R. 2028, supra; which was ordered to lie ate. amendment intended to be proposed by him on the table. to the bill H.R. 2028, supra; which was or- SA 5168. Mr. DURBIN submitted an amend- dered to lie on the table. f ment intended to be proposed by him to the SA 5154. Mr. McCONNELL submitted an bill H.R. 2028, supra; which was ordered to lie amendment intended to be proposed by him on the table. SENATE RESOLUTION 642—AU- to the bill H.R. 2028, supra; which was or- SA 5169. Mr. BOOZMAN (for Mr. TOOMEY) THORIZING TAKING PICTURES dered to lie on the table. proposed an amendment to the bill S. 1831, to AND FILMING IN THE SENATE SA 5155. Mr. McCONNELL submitted an revise section 48 of title 18, United States amendment intended to be proposed by him CHAMBER, THE SENATE WING OF Code, and for other purposes. to the bill H.R. 2028, supra; which was or- SA 5170. Mr. BOOZMAN (for Mr. PERDUE) THE UNITED STATES CAPITOL, dered to lie on the table. proposed an amendment to the bill S. 2781, to AND SENATE OFFICE BUILDINGS SA 5156. Mr. McCONNELL submitted an improve homeland security, including do- FOR PRODUCTION OF A FILM amendment intended to be proposed by him mestic preparedness and response to ter- AND A BOOK ON THE HISTORY to the bill S. 612, to designate the Federal rorism, by reforming Federal Law Enforce- OF THE SENATE building and United States courthouse lo- ment Training Centers to provide training to cated at 1300 Victoria Street in Laredo, first responders, and for other purposes. Mr. MCCONNELL (for himself, Mr. Texas, as the ‘‘George P. Kazen Federal SA 5171. Mr. BOOZMAN (for Mr. PERDUE) REID, Mr. BLUNT, and Mr. SCHUMER) Building and United States Courthouse’’; proposed an amendment to the bill H.R. 3842, submitted the following resolution; which was ordered to lie on the table. to improve homeland security, including do- which was considered and agreed to: SA 5157. Mr. McCONNELL submitted an mestic preparedness and response to ter- amendment intended to be proposed by him rorism, by reforming Federal Law Enforce- S. RES. 642 to the bill S. 612, supra; which was ordered to ment Training Centers to provide training to Resolved, lie on the table. first responders, and for other purposes.

VerDate Sep 11 2014 07:15 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00110 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.065 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7041 SA 5172. Mr. BOOZMAN (for Mr. SULLIVAN) ment, and to improve the competitiveness of United States Courthouse’’; which was proposed an amendment to the bill S. 3086, to the United States. ordered to lie on the table; as follows: reauthorize and amend the Marine Debris f Strike ‘‘2’’ and insert ‘‘3’’ Act to promote international action to re- TEXT OF AMENDMENTS duce marine debris and for other purposes. SA 5158. Mr. MCCONNELL submitted SA 5173. Mr. BOOZMAN (for Mr. MORAN) SA 5151. Mr. McCONNELL submitted an amendment intended to be proposed proposed an amendment to the bill S. 290, to an amendment intended to be proposed amend title 38, United States Code, to im- by him to the bill S. 612, to designate prove the accountability of employees of the by him to the bill H.R. 2028, making ap- the Federal building and United States Department of Veterans Affairs, and for propriations for energy and water de- courthouse located at 1300 Victoria other purposes. velopment and related agencies for the Street in Laredo, Texas, as the SA 5174. Mr. PORTMAN (for Mr. HATCH) fiscal year ending September 30, 2016, ‘‘George P. Kazen Federal Building and proposed an amendment to the concurrent and for other purposes; which was or- United States Courthouse’’; which was resolution S. Con. Res. 57, honoring in praise dered to lie on the table; as follows: ordered to lie on the table; as follows: and remembrance the extraordinary life, steady leadership, and remarkable, 70-year At the end add the following. Strike ‘‘3 days’’ and insert ‘‘4 days’’ reign of King Bhumibol Adulyadej of Thai- ‘‘This Act shall take effect 2 days after the SA 5159. Mr. MCCONNELL submitted land. date of enactment.’’ SA 5175. Mr. PORTMAN (for Mr. CORKER) an amendment intended to be proposed proposed an amendment to the bill H.R. 1150, SA 5152. Mr. MCCONNELL submitted by him to the bill S. 612, to designate to amend the International Religious Free- an amendment intended to be proposed the Federal building and United States dom Act of 1998 to improve the ability of the by him to the bill H.R. 2028, making ap- courthouse located at 1300 Victoria United States to advance religious freedom propriations for energy and water de- Street in Laredo, Texas, as the globally through enhanced diplomacy, train- velopment and related agencies for the ‘‘George P. Kazen Federal Building and ing, counterterrorism, and foreign assistance fiscal year ending September 30, 2016, United States Courthouse’’; which was efforts, and through stronger and more flexi- and for other purposes; which was or- ordered to lie on the table; as follows: ble political responses to religious freedom violations and violent extremism worldwide, dered to lie on the table; as follows: At the end add the following. and for other purposes. Strike ‘‘2’’ and insert ‘’3’’ ‘‘This act shall be effective 6 days after en- SA 5176. Mr. PORTMAN (for Mr. CORKER) actment.’’ proposed an amendment to amendment SA SA 5153. Mr. MCCONNELL submitted SA 5160. Mr. MCCONNELL submitted 5175 proposed by Mr. PORTMAN (for Mr. an amendment intended to be proposed an amendment intended to be proposed CORKER) to the bill H.R. 1150, supra. by him to the bill H.R. 2028, making ap- by him to the bill S. 612, to designate SA 5177. Mr. PORTMAN (for Mr. CORKER) propriations for energy and water de- the Federal building and United States proposed an amendment to the bill H.R. 4939, velopment and related agencies for the to increase engagement with the govern- courthouse located at 1300 Victoria fiscal year ending September 30, 2016, ments of the Caribbean region, the Caribbean Street in Laredo, Texas, as the and for other purposes; which was or- diaspora community in the United States, ‘‘George P. Kazen Federal Building and dered to lie on the table; as follows: and the private sector and civil society in United States Courthouse’’; which was both the United States and the Caribbean, Strike ‘‘3 days’’ and insert ‘’4 days’’ and for other purposes. ordered to lie on the table; as follows: Strike ‘‘6’’ and insert ‘‘7’’ SA 5178. Mr. PORTMAN (for Mr. JOHNSON) SA 5154. Mr. MCCONNELL submitted proposed an amendment to the bill H.R. 6302, an amendment intended to be proposed SA 5161. Mrs. BOXER (for herself, Ms. to provide an increase in premium pay for by him to the bill H.R. 2028, making ap- United States Secret Service agents per- CANTWELL, Mr. WYDEN, Mr. MERKLEY, forming protective services during 2016, and propriations for energy and water de- Mrs. MURRAY, and Mr. HEINRICH) sub- for other purposes. velopment and related agencies for the mitted an amendment intended to be SA 5179. Mr. PORTMAN (for Mr. JOHNSON) fiscal year ending September 30, 2016, proposed by her to the bill S. 612, to proposed an amendment to the bill H.R. 6302, and for other purposes; which was or- designate the Federal building and supra. dered to lie on the table; as follows: United States courthouse located at SA 5180. Mr. PORTMAN (for Mr. CRUZ (for At the end add the following. himself and Mr. NELSON)) proposed an 1300 Victoria Street in Laredo, Texas, ‘‘This act shall be effective 6 days after en- as the ‘‘George P. Kazen Federal Build- amendment to the bill S. 3346, to authorize actment.’’ the programs of the National Aeronautics ing and United States Courthouse’’; and Space Administration, and for other pur- which was ordered to lie on the table; SA 5155. Mr. MCCONNELL submitted poses. as follows: SA 5181. Mr. PORTMAN (for Mr. KIRK) pro- an amendment intended to be proposed by him to the bill H.R. 2028, making ap- Strike subtitle J of title III (relating to posed an amendment to the bill S. 1168, to California water). amend title XVIII of the Social Security Act propriations for energy and water de- to preserve access to rehabilitation innova- velopment and related agencies for the SA 5162. Mr. WYDEN (for himself, tion centers under the Medicare program. fiscal year ending September 30, 2016, Mr. HATCH, Mr. CRAPO, Mr. RISCH, Mr. SA 5182. Mr. PORTMAN (for Mr. INHOFE and for other purposes; which was or- MERKLEY, Ms. BALDWIN, Mr. BENNET, (for himself and Mr. BLUMENTHAL)) proposed dered to lie on the table; as follows: an amendment to the bill S. 3021, to amend Mr. HEINRICH, and Mr. UDALL) subtitle 38, United States Code, to authorize the Strike ‘‘6’’ and insert ‘‘7’’ mitted an amendment intended to be use of Post-9/11 Educational Assistance to proposed by him to the bill S. 612, to pursue independent study programs at cer- SA 5156. Mr. MCCONNELL submitted designate the Federal building and tain educational institutions that are not in- an amendment intended to be proposed United States courthouse located at stitutions of higher learning. by him to the bill S. 612, to designate 1300 Victoria Street in Laredo, Texas, SA 5183. Mr. PORTMAN (for Mr. THUNE) the Federal building and United States as the ‘‘George P. Kazen Federal Build- proposed an amendment to the bill H.R. 710, courthouse located at 1300 Victoria ing and United States Courthouse’’; to require the Secretary of Homeland Secu- Street in Laredo, Texas, as the rity to prepare a comprehensive security as- which was ordered to lie on the table; sessment of the transportation security card ‘‘George P. Kazen Federal Building and as follows: program, and for other purposes. United States Courthouse’’; which was At the appropriate place, insert the fol- SA 5184. Mr. PORTMAN (for Mr. BARRASSO) ordered to lie on the table; as follows: lowing: proposed an amendment to the bill S. 1776, to At the end add the following. SEC. llll. EXTENSION OF SECURE RURAL enhance tribal road safety, and for other pur- ‘‘This Act shall take effect 2 days after the SCHOOLS AND COMMUNITY SELF- poses. date of enactment.’’ DETERMINATION ACT OF 2000. SA 5185. Mr. PORTMAN (for Mr. KING) pro- (a) SECURE PAYMENTS FOR STATES CON- posed an amendment to the bill H.R. 4245, to SA 5157. Mr. MCCONNELL submitted TAINING FEDERAL LAND.—Section 101 of the exempt exportation of certain echinoderms an amendment intended to be proposed Secure Rural Schools and Community Self- and mollusks from licensing requirements by him to the bill S. 612, to designate Determination Act of 2000 (16 U.S.C. 7111) is under the Endangered Species Act of 1973. amended, in subsections (a) and (b), by strik- the Federal building and United States SA 5186. Mr. PORTMAN (for Mr. GARDNER ing ‘‘2015’’ each place it appears and insert- (for himself and Mr. PETERS)) proposed an courthouse located at 1300 Victoria ing ‘‘2016’’. amendment to the bill S. 3084, to invest in Street in Laredo, Texas, as the (b) PAYMENTS TO STATES AND COUNTIES.— innovation through research and develop- ‘‘George P. Kazen Federal Building and Section 102 of the Secure Rural Schools and

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00111 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.069 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7042 CONGRESSIONAL RECORD — SENATE December 9, 2016 Community Self-Determination Act of 2000 (b) PAYMENTS TO STATES AND COUNTIES.— by him to the bill H.R. 2028, making ap- (16 U.S.C. 7112) is amended— Section 102 of the Secure Rural Schools and propriations for energy and water de- (1) in subsection (b)— Community Self-Determination Act of 2000 velopment and related agencies for the (A) in paragraph (1), by striking subpara- (16 U.S.C. 7112) is amended— fiscal year ending September 30, 2016, graph (C) and inserting the following: (1) in subsection (b)— and for other purposes; which was or- ‘‘(C) PAYMENTS FOR FISCAL YEAR 2014, 2015, (A) in paragraph (1), by striking subpara- OR 2016.—The election otherwise required by graph (C) and inserting the following: dered to lie on the table; as follows: subparagraph (A) shall not apply for fiscal ‘‘(C) PAYMENTS FOR FISCAL YEAR 2014, 2015, Beginning on page 12, strike line 1 and all year 2014, 2015, or 2016.’’; and OR 2016.—The election otherwise required by that follows through page 16, line 18, and in- (B) in paragraph (2)— subparagraph (A) shall not apply for fiscal sert the following: (i) in subparagraph (A), by striking ‘‘fiscal year 2014, 2015, or 2016.’’; and ‘‘(a) SHORT TITLE.—This section may be years 2014 and 2015’’ and inserting ‘‘fiscal (B) in paragraph (2)— cited as the ‘Miners Protection Act of 2016’. ‘‘(b) INCLUSION OF CERTAIN RETIREES IN THE years 2014, 2015, and 2016’’; and (i) in subparagraph (A), by striking ‘‘fiscal MULTIEMPLOYER HEALTH BENEFIT PLAN.— (ii) in subparagraph (B), by striking ‘‘fiscal years 2014 and 2015’’ and inserting ‘‘fiscal ‘‘(1) IN GENERAL.—Section 402 of the Sur- year 2015’’ and inserting ‘‘fiscal year 2016’’; years 2014, 2015, and 2016’’; and face Mining Control and Reclamation Act of and (ii) in subparagraph (B), by striking ‘‘fiscal 1977 (30 U.S.C. 1232) is amended— (2) in subsection (d)— year 2015’’ and inserting ‘‘fiscal year 2016’’; ‘‘(A) in subsection (h)(2)(C)— (A) in paragraph (1), by striking subpara- and ‘‘(i) by striking ‘A transfer’ and inserting graph (E) and inserting the following: (2) in subsection (d)— the following: ‘‘(E) PAYMENTS FOR FISCAL YEARS 2014, 2015, (A) in paragraph (1), by striking subpara- ‘‘ ‘(i) TRANSFER TO THE PLAN.—A transfer’; AND 2016.—The election made by an eligible graph (E) and inserting the following: ‘‘(ii) by redesignating clauses (i) and (ii) as county under subparagraph (B), (C), or (D) ‘‘(E) PAYMENTS FOR FISCAL YEARS 2014, 2015, subclauses (I) and (II), respectively, and for fiscal year 2013, or deemed to be made by AND 2016.—The election made by an eligible moving such subclauses 2 ems to the right; the county under paragraph (3)(B) for that county under subparagraph (B), (C), or (D) and fiscal year, shall be effective for fiscal years for fiscal year 2013, or deemed to be made by ‘‘(iii) by striking the matter following such 2014, 2015, and 2016.’’; and the county under paragraph (3)(B) for that subclause (II) (as so redesignated) and insert- (B) in paragraph (3), by striking subpara- fiscal year, shall be effective for fiscal years ing the following: graph (C) and inserting the following: 2014, 2015, and 2016.’’; and ‘‘ ‘(ii) CALCULATION OF EXCESS.—The excess ‘‘(C) PAYMENTS FOR FISCAL YEARS 2014, 2015, (B) in paragraph (3), by striking subpara- determined under clause (i) shall be cal- AND 2016.—This paragraph does not apply for graph (C) and inserting the following: culated by taking into account only— fiscal years 2014, 2015, and 2016.’’. ‘‘(C) PAYMENTS FOR FISCAL YEARS 2014, 2015, ‘‘ ‘ (I) those beneficiaries actually enrolled (c) TRANSITION PAYMENTS TO STATES.—Sec- AND 2016.—This paragraph does not apply for in the Plan as of the date of the enactment tion 103(d)(2) of the Secure Rural Schools and fiscal years 2014, 2015, and 2016.’’. of the Miners Protection Act of 2016 who are Community Self-Determination Act of 2000 (c) TRANSITION PAYMENTS TO STATES.—Sec- eligible to receive health benefits under the (16 U.S.C. 7113(d)(2)) is amended by striking tion 103(d)(2) of the Secure Rural Schools and Plan on the first day of the calendar year for ‘‘2015’’ and inserting ‘‘2016’’. Community Self-Determination Act of 2000 which the transfer is made, other than those (d) RESOURCE ADVISORY COMMITTEES.—Sec- (16 U.S.C. 7113(d)(2)) is amended by striking beneficiaries enrolled in the Plan under the tion 205(a)(4) of the Secure Rural Schools and ‘‘2015’’ and inserting ‘‘2016’’. terms of a participation agreement with the Community Self-Determination Act of 2000 (d) RESOURCE ADVISORY COMMITTEES.—Sec- current or former employer of such bene- (16 U.S.C. 7125(a)(4)) is amended by striking tion 205(a)(4) of the Secure Rural Schools and ‘‘2012’’ each place it appears and inserting ficiaries; and Community Self-Determination Act of 2000 ‘‘ ‘ (II) those beneficiaries whose health ‘‘2016’’. (16 U.S.C. 7125(a)(4)) is amended by striking (e) TERMINATION OF AUTHORITY.—Section benefits, defined as those benefits payable di- ‘‘2012’’ each place it appears and inserting rectly following death or retirement or upon 208 of the Secure Rural Schools and Commu- ‘‘2016’’. nity Self-Determination Act of 2000 (16 a finding of disability by an employer in the (e) TERMINATION OF AUTHORITY.—Section bituminous coal industry under a coal wage U.S.C. 7128) is amended— 208 of the Secure Rural Schools and Commu- (1) in subsection (a), by striking ‘‘2017’’ and agreement (as defined in section 9701(b)(1) of nity Self-Determination Act of 2000 (16 the Internal Revenue Code of 1986), would be inserting ‘‘2018’’; and U.S.C. 7128) is amended— (2) in subsection (b), by striking ‘‘2018’’ and denied or reduced as a result of a bankruptcy (1) in subsection (a), by striking ‘‘2017’’ and proceeding commenced in 2012 or 2015. inserting ‘‘2019’’. inserting ‘‘2018’’; and (f) COUNTY FUNDS TERMINATION OF AUTHOR- ‘‘ ‘ (iii) ELIGIBILITY OF CERTAIN RETIREES.— (2) in subsection (b), by striking ‘‘2018’’ and ITY.—Section 304 of the Secure Rural Schools Individuals referred to in clause (ii)(II) shall inserting ‘‘2019’’. and Community Self-Determination Act of be treated as eligible to receive health bene- (f) COUNTY FUNDS TERMINATION OF AUTHOR- 2000 (16 U.S.C. 7144) is amended— fits under the Plan. ITY.—Section 304 of the Secure Rural Schools (1) in subsection (a), by striking ‘‘2017’’ and ‘‘ ‘(iv) REQUIREMENTS FOR TRANSFER.—The and Community Self-Determination Act of inserting ‘‘2018’’; and amount of the transfer otherwise determined 2000 (16 U.S.C. 7144) is amended— (2) in subsection (b), by striking ‘‘2018’’ and under this subparagraph for a fiscal year (1) in subsection (a), by striking ‘‘2017’’ and inserting ‘‘2019’’. shall be reduced by any amount transferred inserting ‘‘2018’’; and (g) OFFSET.—It is the sense of the Senate for the fiscal year to the Plan, to pay bene- the costs of carrying out this section and the (2) in subsection (b), by striking ‘‘2018’’ and fits required under the Plan, from a vol- amendments made by this section will be off- inserting ‘‘2019’’. untary employees’ beneficiary association set. (g) OFFSET.—It is the sense of the Senate established as a result of a bankruptcy pro- the costs of carrying out this section and the ceeding described in clause (ii). amendments made by this section will be off- SA 5163. Mr. WYDEN (for himself, ‘‘ ‘(v) VEBA TRANSFER.—The administrator Mr. HATCH, Mr. CRAPO, Mr. RISCH, Mr. set. of such voluntary employees’ beneficiary as- MERKLEY, Ms. BALDWIN, Mr. BENNET, sociation shall transfer to the Plan any SA 5164. Mr. MANCHIN (for himself, Mr. HEINRICH, and Mr. UDALL) sub- amounts received as a result of such bank- Mr. SCHUMER, Mr. DONNELLY, Mrs. mitted an amendment intended to be ruptcy proceeding, reduced by an amount for MCCASKILL, Mr. CASEY, Mr. BROWN, Mr. proposed by him to the bill H.R. 2028, administrative costs of such association.’; WARNER, Ms. HEITKAMP, Mr. LEAHY, and making appropriations for energy and Mr. KING, Ms. KLOBUCHAR, Mr. WYDEN, ‘‘(B) in subsection (i)— water development and related agen- Mrs. FEINSTEIN, Mr. FRANKEN, Mr. ‘‘(i) by redesignating paragraph (4) as para- cies for the fiscal year ending Sep- WHITEHOUSE, Mrs. GILLIBRAND, Mr. graph (5); and tember 30, 2016, and for other purposes; ‘‘(ii) by inserting after paragraph (3) the MENENDEZ, Mr. BOOKER, Mr. SANDERS, which was ordered to lie on the table; following: Mr. DURBIN, Ms. WARREN, Ms. HIRONO, as follows: ‘‘ ‘(4) ADDITIONAL AMOUNTS.— Mr. NELSON, Mrs. BOXER, Mr. BENNET, At the appropriate place, insert the fol- ‘‘ ‘(A) CALCULATION.—If the dollar limita- lowing: Mr. BLUMENTHAL, Ms. BALDWIN, Mr. tion specified in paragraph (3)(A) exceeds the SEC. llll. EXTENSION OF SECURE RURAL CARPER, Ms. STABENOW, Mr. KAINE, Mr. aggregate amount required to be transferred SCHOOLS AND COMMUNITY SELF- MARKEY, Mr. MERKLEY, Mr. MURPHY, under paragraphs (1) and (2) for a fiscal year, DETERMINATION ACT OF 2000. Mr. HEINRICH, Mr. PETERS, Mrs. SHA- the Secretary of the Treasury shall transfer (a) SECURE PAYMENTS FOR STATES CON- HEEN, Mr. TESTER, Mr. UDALL, Mr. an additional amount equal to the difference TAINING FEDERAL LAND.—Section 101 of the between such dollar limitation and such ag- REED, Ms. CANTWELL, Mrs. MURRAY, Secure Rural Schools and Community Self- gregate amount to the trustees of the 1974 Determination Act of 2000 (16 U.S.C. 7111) is Mr. CARDIN, Mr. SCHATZ, Mr. COONS, UMWA Pension Plan to pay benefits required amended, in subsections (a) and (b), by strik- Ms. MIKULSKI, Mr. REID, Mr. PORTMAN, under that plan. ing ‘‘2015’’ each place it appears and insert- Mrs. CAPITO, and Mr. KIRK) submitted ‘‘ ‘(B) CESSATION OF TRANSFERS.—The trans- ing ‘‘2016’’. an amendment intended to be proposed fers described in subparagraph (A) shall

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00112 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.113 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7043 cease as of the first fiscal year beginning plan year preceding such plan year, and the Reclamation Act of 1977 (30 U.S.C. after the first plan year for which the funded reason for such reduction; 1232(i)(4)(F)), as added by this subsection, percentage (as defined in section 432(i)(2) of ‘‘ ‘(X) a list of employers that withdrew shall apply to plan years beginning after the the Internal Revenue Code of 1986) of the 1974 from the plan in the plan year preceding date of the enactment of this Act. UMWA Pension Plan is at least 100 percent. such plan year, and the resulting reduction ‘‘(c) CLARIFICATION OF FINANCING OBLIGA- ‘‘ ‘(C) PROHIBITION ON BENEFIT INCREASES, in contributions; TIONS.— ETC.—During a fiscal year in which the 1974 ‘‘ ‘(XI) a list of employers that paid with- ‘‘(1) IN GENERAL.—Subsection (a) of section UMWA Pension Plan is receiving transfers drawal liability to the plan during the plan 9704 of the Internal Revenue Code of 1986 is under subparagraph (A), no amendment of year preceding such plan year and, for each amended— such plan which increases the liabilities of employer, a total assessment of the with- ‘‘(A) by striking paragraph (3), the plan by reason of any increase in bene- drawal liability paid, the annual payment ‘‘(B) by striking ‘three premiums’ and in- fits, any change in the accrual of benefits, or amount, and the number of years remaining serting ‘two premiums’, and any change in the rate at which benefits be- in the payment schedule with respect to such ‘‘(C) by striking ‘, plus’ at the end of para- come nonforfeitable under the plan may be withdrawal liability; graph (2) and inserting a period. adopted unless the amendment is required as ‘‘ ‘(XII) any material changes to benefits, ‘‘(2) CONFORMING AMENDMENTS.— a condition of qualification under part I of accrual rates, or contribution rates during ‘‘(A) Section 9704 of the Internal Revenue subchapter D of chapter 1 of the Internal the plan year preceding such plan year; Code of 1986 is amended— Revenue Code of 1986. ‘‘ ‘(XIII) any scheduled benefit increase or ‘‘(i) by striking subsection (d), and decrease in the plan year preceding such plan ‘‘ ‘(D) TREATMENT OF TRANSFERS FOR PUR- ‘‘(ii) by redesignating subsections (e) year having a material effect on liabilities of POSES OF WITHDRAWAL LIABILITY UNDER through (j) as subsections (d) through (i), re- the plan; ERISA.—The amount of any transfer made spectively. ‘‘ ‘(XIV) details regarding any funding im- under subparagraph (A) (and any earnings ‘‘(B) Subsection (d) of section 9704 of such provement plan or rehabilitation plan and attributable thereto) shall be disregarded in Code, as so redesignated, is amended— updates to such plan; determining the unfunded vested benefits of ‘‘(i) by striking ‘3 separate accounts for ‘‘ ‘(XV) the number of participants and the 1974 UMWA Pension Plan and the alloca- each of the premiums described in sub- beneficiaries during the plan year preceding sections (b), (c), and (d)’ in paragraph (1) and tion of such unfunded vested benefits to an such plan year who are active participants, employer for purposes of determining the inserting ‘2 separate accounts for each of the the number of participants and beneficiaries premiums described in subsections (b) and employer’s withdrawal liability under sec- in pay status, and the number of terminated tion 4201. (c)’, and vested participants and beneficiaries; ‘‘(ii) by striking ‘or the unassigned bene- ‘‘ ‘(E) REQUIREMENT TO MAINTAIN CONTRIBU- ‘‘ ‘(XVI) the information contained on the TION RATE.—A transfer under subparagraph ficiaries premium account’ in paragraph most recent annual funding notice submitted (3)(B). (A) shall not be made for a fiscal year unless by the plan under section 101(f) of the Em- the persons that are obligated to contribute ‘‘(C) Subclause (I) of section 9703(b)(2)(C)(ii) ployee Retirement Income Security Act of of such Code is amended by striking to the 1974 UMWA Pension Plan on the date 1974; ‘9704(e)(3)(B)(i)’ and inserting of the transfer are obligated to make the ‘‘ ‘(XVII) the information contained on the ‘9704(d)(3)(B)(i)’. contributions at rates that are no less than most recent Department of Labor Form 5500 ‘‘(D) Paragraph (3) of section 9705(a) of those in effect on the date which is 30 days of the plan; and such Code is amended— before the date of enactment of the Miners ‘‘ ‘(XVIII) copies of the plan document and ‘‘(i) by striking ‘the unassigned beneficiary Protection Act of 2016. amendments, other retirement benefit or an- premium under section 9704(a)(3) and’ in sub- ‘‘ ‘(F) ENHANCED ANNUAL REPORTING.— cillary benefit plans relating to the plan and paragraph (B), and ‘‘ ‘(i) IN GENERAL.—Not later than the 90th contribution obligations under such plans, a ‘‘(ii) by striking ‘9704(i)(1)(B)’ and inserting day of each plan year beginning after the breakdown of administrative expenses of the ‘9704(h)(1)(B)’. date of enactment of the Miners Protection plan, participant census data and distribu- Act of 2016, the trustees of the 1974 UMWA tion of benefits, the most recent actuarial ‘‘(E) Paragraph (2) of section 9711(c) of such Pension Plan shall file with the Secretary of valuation report as of the plan year, copies Code is amended— the Treasury or the Secretary’s delegate and of collective bargaining agreements, and fi- ‘‘(i) by striking ‘9704(j)(2)’ in subparagraph the Pension Benefit Guaranty Corporation a nancial reports, and such other information (A)(i) and inserting ‘9704(i)(2)’, report (including appropriate documentation as the Secretary of the Treasury or the Sec- ‘‘(ii) by striking ‘9704(j)(2)(B)’ in subpara- and actuarial certifications from the plan retary’s delegate, in consultation with the graph (B) and inserting ‘9704(i)(2)(B)’, and actuary, as required by the Secretary of the Secretary of Labor and the Director of the ‘‘(iii) by striking ‘9704(j)’ and inserting Treasury or the Secretary’s delegate) that Pension Benefit Guaranty Corporation, may ‘9704(i)’. contains— require. ‘‘(F) Paragraph (4) of section 9712(d) of such ‘‘ ‘(I) whether the plan is in endangered or ‘‘ ‘(ii) ELECTRONIC SUBMISSION.—The report Code is amended by striking ‘9704(j)’ and in- critical status under section 305 of the Em- required under clause (i) shall be submitted serting ‘9704(i)’. ployee Retirement Income Security Act of electronically. ‘‘(3) ELIMINATION OF ADDITIONAL BACKSTOP 1974 and section 432 of the Internal Revenue ‘‘ ‘(iii) INFORMATION SHARING.—The Sec- PREMIUM.— Code of 1986 as of the first day of such plan retary of the Treasury or the Secretary’s ‘‘(A) IN GENERAL.—Paragraph (1) of section year; delegate shall share the information in the 9712(d) of the Internal Revenue Code of 1986 ‘‘ ‘(II) the funded percentage (as defined in report under clause (i) with the Secretary of is amended by striking subparagraph (C). section 432(i)(2) of such Code) as of the first Labor. ‘‘(B) CONFORMING AMENDMENT.—Paragraph day of such plan year, and the underlying ac- ‘‘ ‘(iv) PENALTY.—Any failure to file the re- (2) of section 9712(d) of such Code is amend- tuarial value of assets and liabilities taken port required under clause (i) on or before ed— into account in determining such percent- the date described in such clause shall be ‘‘(i) by striking subparagraph (B), age; treated as a failure to file a report required ‘‘(ii) by striking ‘, and’ at the end of sub- ‘‘ ‘(III) the market value of the assets of to be filed under section 6058(a) of the Inter- paragraph (A) and inserting a period, and the plan as of the last day of the plan year nal Revenue Code of 1986, except that section ‘‘(iii) by striking ‘shall provide for—’ and preceding such plan year; 6652(e) of such Code shall be applied with re- all that follows through ‘annual adjust- ‘‘ ‘(IV) the total value of all contributions spect to any such failure by substituting ments’ and inserting ‘shall provide for an- made during the plan year preceding such ‘$100’ for ‘$25’. The preceding sentence shall nual adjustments’. plan year; not apply if the Secretary of the Treasury or ‘‘(4) EFFECTIVE DATE.—The amendments ‘‘ ‘(V) the total value of all benefits paid the Secretary’s delegate determines that made by this subsection shall apply to plan during the plan year preceding such plan reasonable diligence has been exercised by years beginning after September 30, 2016. year; the trustees of such plan in attempting to ‘‘(d) CUSTOMS USER FEES.— ‘‘ ‘(VI) cash flow projections for such plan timely file such report. ‘‘(1) IN GENERAL.—Section 13031(j)(3)(A) of year and either the 6 or 10 succeeding plan ‘‘ ‘(G) 1974 UMWA PENSION PLAN DEFINED.— the Consolidated Omnibus Budget Reconcili- years, at the election of the trustees, and the For purposes of this paragraph, the term ation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) is assumptions relied upon in making such pro- ‘1974 UMWA Pension Plan’ has the meaning amended by striking ‘September 30, 2025’ and jections; given the term in section 9701(a)(3) of the In- inserting ‘May 6, 2026’. ‘‘ ‘(VII) funding standard account projec- ternal Revenue Code of 1986, but without re- ‘‘(2) RATE FOR MERCHANDISE PROCESSING tions for such plan year and the 9 succeeding gard to the limitation on participation to in- FEES.—Section 503 of the United States– plan years, and the assumptions relied upon dividuals who retired in 1976 and thereafter.’. Korea Free Trade Agreement Implementa- in making such projections; ‘‘(2) EFFECTIVE DATES.— tion Act (Public Law 112–41; 19 U.S.C. 3805 ‘‘ ‘(VIII) the total value of all investment ‘‘(A) IN GENERAL.—The amendments made note) is amended by striking ‘September 30, gains or losses during the plan year pre- by this subsection shall apply to fiscal years 2025’ and inserting ‘May 6, 2026’. ceding such plan year; beginning after September 30, 2016. ‘‘ ‘(IX) any significant reduction in the ‘‘(B) REPORTING REQUIREMENTS.—Section SA 5165. Mr. WYDEN submitted an number of active participants during the 402(i)(4)(F) of the Surface Mining Control and amendment intended to be proposed by

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00113 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.113 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7044 CONGRESSIONAL RECORD — SENATE December 9, 2016 him to the bill H.R. 2028, making ap- Sec. 303. Improvements to the John H. ‘‘(2) CHILD DESCRIBED.—For purposes of propriations for energy and water de- Chafee Foster Care Independ- paragraph (1), a child described in this para- velopment and related agencies for the ence Program and related pro- graph is the following: fiscal year ending September 30, 2016, visions. ‘‘(A) A child who is a candidate for foster TITLE IV—CONTINUING INCENTIVES TO care (as defined in section 475(13)) but can re- and for other purposes; which was or- main safely at home or in a kinship place- dered to lie on the table; as follows: STATES TO PROMOTE ADOPTION AND LEGAL GUARDIANSHIP ment with receipt of services or programs At the appropriate place, insert the fol- specified in paragraph (1). Sec. 401. Reauthorizing adoption and legal lowing: ‘‘(B) A child in foster care who is a preg- guardianship incentive pro- nant or parenting foster youth. DIVISION l—CHILD AND FAMILY grams. SERVICES AND SUPPORT ‘‘(3) DATE DESCRIBED.—For purposes of TITLE V—TECHNICAL CORRECTIONS SECTION 1. SHORT TITLE. paragraph (1), the dates described in this This division may be cited as the ‘‘Family Sec. 501. Technical corrections to data ex- paragraph are the following: First Prevention Services Act of 2016’’. change standards to improve ‘‘(A) The date on which a child is identified program coordination. in a prevention plan maintained under para- SEC. 2. TABLE OF CONTENTS. graph (4) as a child who is a candidate for The table of contents for this division is as Sec. 502. Technical corrections to State re- foster care (as defined in section 475(13)). follows: quirement to address the developmental needs of young chil- ‘‘(B) The date on which a child is identified Sec. 1. Short title. dren. in a prevention plan maintained under para- Sec. 2. Table of contents. TITLE VI—ENSURING STATES REINVEST graph (4) as a pregnant or parenting foster TITLE I—INVESTING IN PREVENTION SAVINGS RESULTING FROM INCREASE youth in need of services or programs speci- AND FAMILY SERVICES IN ADOPTION ASSISTANCE fied in paragraph (1). Sec. 101. Purpose. ‘‘(4) REQUIREMENTS RELATED TO PROVIDING Sec. 601. Delay of adoption assistance phase- SERVICES AND PROGRAMS.—Services and pro- Subtitle A—Prevention Activities Under in. Title IV–E grams specified in paragraph (1) may be pro- Sec. 602. GAO study and report on State re- vided under this subsection only if specified Sec. 111. Foster care prevention services and investment of savings resulting in advance in the child’s prevention plan de- programs. from increase in adoption as- scribed in subparagraph (A) and the require- Sec. 112. Foster care maintenance payments sistance. ments in subparagraphs (B) through (E) are for children with parents in a TITLE I—INVESTING IN PREVENTION AND met: licensed residential family- FAMILY SERVICES ‘‘(A) PREVENTION PLAN.—The State main- based treatment facility for tains a written prevention plan for the child substance abuse. SEC. 101. PURPOSE. that meets the following requirements (as Sec. 113. Title IV–E payments for evidence- The purpose of this title is to enable States applicable): based kinship navigator pro- to use Federal funds available under parts B ‘‘(i) CANDIDATES.—In the case of a child grams. and E of title IV of the Social Security Act to provide enhanced support to children and who is a candidate for foster care described Subtitle B—Enhanced Support Under Title in paragraph (2)(A), the prevention plan IV–B families and prevent foster care placements through the provision of mental health and shall— Sec. 121. Elimination of time limit for fam- substance abuse prevention and treatment ‘‘(I) identify the foster care prevention ily reunification services while services, in-home parent skill-based pro- strategy for the child so that the child may in foster care and permitting grams, and kinship navigator services. remain safely at home, live temporarily with time-limited family reunifica- a kin caregiver until reunification can be tion services when a child re- Subtitle A—Prevention Activities Under Title safely achieved, or live permanently with a turns home from foster care. IV–E kin caregiver; Sec. 122. Reducing bureaucracy and unneces- SEC. 111. FOSTER CARE PREVENTION SERVICES ‘‘(II) list the services or programs to be sary delays when placing chil- AND PROGRAMS. provided to or on behalf of the child to en- dren in homes across State (a) STATE OPTION.—Section 471 of the So- sure the success of that prevention strategy; lines. cial Security Act (42 U.S.C. 671) is amended— and Sec. 123. Enhancements to grants to im- (1) in subsection (a)(1), by striking ‘‘and’’ ‘‘(III) comply with such other requirements prove well-being of families af- and all that follows through the semicolon as the Secretary shall establish. fected by substance abuse. and inserting ‘‘, adoption assistance in ac- ‘‘(ii) PREGNANT OR PARENTING FOSTER Subtitle C—Miscellaneous cordance with section 473, and, at the option YOUTH.—In the case of a child who is a preg- Sec. 131. Reviewing and improving licensing of the State, services or programs specified nant or parenting foster youth described in standards for placement in a in subsection (e)(1) of this section for chil- paragraph (2)(B), the prevention plan shall— relative foster family home. dren who are candidates for foster care or ‘‘(I) be included in the child’s case plan re- Sec. 132. Development of a statewide plan to who are pregnant or parenting foster youth quired under section 475(1); prevent child abuse and neglect and the parents or kin caregivers of the chil- ‘‘(II) list the services or programs to be fatalities. dren, in accordance with the requirements of provided to or on behalf of the youth to en- Sec. 133. Modernizing the title and purpose that subsection;’’; and sure that the youth is prepared (in the case of title IV–E. (2) by adding at the end the following: of a pregnant foster youth) or able (in the Sec. 134. Effective dates. ‘‘(e) PREVENTION AND FAMILY SERVICES AND case of a parenting foster youth) to be a par- PROGRAMS.— ent; TITLE II—ENSURING THE NECESSITY OF ‘‘(1) IN GENERAL.—Subject to the suc- ‘‘(III) describe the foster care prevention A PLACEMENT THAT IS NOT IN A FOS- ceeding provisions of this subsection, the strategy for any child born to the youth; and TER FAMILY HOME Secretary may make a payment to a State ‘‘(IV) comply with such other requirements Sec. 201. Limitation on Federal financial for providing the following services or pro- as the Secretary shall establish. participation for placements grams for a child described in paragraph (2) ‘‘(B) TRAUMA-INFORMED.—The services or that are not in foster family and the parents or kin caregivers of the child programs to be provided to or on behalf of a homes. when the need of the child, such a parent, or child are provided under an organizational Sec. 202. Assessment and documentation of such a caregiver for the services or programs structure and treatment framework that in- the need for placement in a are directly related to the safety, perma- volves understanding, recognizing, and re- qualified residential treatment nence, or well-being of the child or to pre- sponding to the effects of all types of trauma program. venting the child from entering foster care: and in accordance with recognized principles Sec. 203. Protocols to prevent inappropriate ‘‘(A) MENTAL HEALTH AND SUBSTANCE ABUSE of a trauma-informed approach and trauma- diagnoses. PREVENTION AND TREATMENT SERVICES.—Men- specific interventions to address trauma’s Sec. 204. Additional data and reports regard- tal health and substance abuse prevention consequences and facilitate healing. ing children placed in a setting and treatment services provided by a quali- ‘‘(C) ONLY SERVICES AND PROGRAMS PRO- that is not a foster family fied clinician for not more than a 12-month VIDED IN ACCORDANCE WITH PROMISING, SUP- home. period that begins on any date described in PORTED, OR WELL-SUPPORTED PRACTICES PER- Sec. 205. Effective dates; application to paragraph (3) with respect to the child. MITTED.— waivers. ‘‘(B) IN-HOME PARENT SKILL-BASED PRO- ‘‘(i) IN GENERAL.—Only State expenditures TITLE III—CONTINUING SUPPORT FOR GRAMS.—In-home parent skill-based pro- for services or programs specified in subpara- CHILD AND FAMILY SERVICES grams for not more than a 12-month period graph (A) or (B) of paragraph (1) that are Sec. 301. Supporting and retaining foster that begins on any date described in para- provided in accordance with practices that families for children. graph (3) with respect to the child and that meet the requirements specified in clause (ii) Sec. 302. Extension of child and family serv- include parenting skills training, parent edu- of this subparagraph and that meet the re- ices programs. cation, and individual and family counseling. quirements specified in clause (iii), (iv), or

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00114 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.117 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7045 (v), respectively, for being a promising, sup- design and execution and determined to be ‘‘(I) the services or programs and whether ported, or well-supported practice, shall be well-designed and well-executed; the practices used are promising, supported, eligible for a Federal matching payment ‘‘(bb) were rigorous random-controlled or well-supported; under section 474(a)(6)(A). trials (or, if not available, studies using a ‘‘(II) how the State plans to implement the ‘‘(ii) GENERAL PRACTICE REQUIREMENTS.— rigorous quasi-experimental research de- services or programs, including how imple- The general practice requirements specified sign); and mentation of the services or programs will in this clause are the following: ‘‘(cc) were carried out in a usual care or be continuously monitored to ensure fidelity ‘‘(I) The practice has a book, manual, or practice setting; and to the practice model and to determine out- other available writings that specify the ‘‘(II) at least one of the studies described in comes achieved and how information learned components of the practice protocol and de- subclause (I) established that the practice from the monitoring will be used to refine scribe how to administer the practice. has a sustained effect (when compared to a and improve practices; ‘‘(II) There is no empirical basis suggesting control group) for at least 1 year beyond the ‘‘(III) how the State selected the services or programs; that, compared to its likely benefits, the end of treatment. ‘‘(IV) the target population for the services practice constitutes a risk of harm to those ‘‘(D) GUIDANCE ON PRACTICES CRITERIA AND or programs; and receiving it. PRE-APPROVED SERVICES AND PROGRAMS.— ‘‘(III) If multiple outcome studies have ‘‘(V) how each service or program provided ‘‘(i) IN GENERAL.—Not later than October 1, will be evaluated through a well-designed been conducted, the overall weight of evi- 2018, the Secretary shall issue guidance to dence supports the benefits of the practice. and rigorous process, which may consist of States regarding the practices criteria rean ongoing, cross-site evaluation approved ‘‘(IV) Outcome measures are reliable and quired for services or programs to satisfy the by the Secretary. valid, and are administrated consistently requirements of subparagraph (C). The guid- ‘‘(iv) A description of the consultation that and accurately across all those receiving the ance shall include a pre-approved list of serv- the State agencies responsible for admin- practice. ices and programs that satisfy the require- istering the State plans under this part and ‘‘(V) There is no case data suggesting a ments. part B engage in with other State agencies risk of harm that was probably caused by the ‘‘(ii) UPDATES.—The Secretary shall issue responsible for administering health pro- treatment and that was severe or frequent. updates to the guidance required by clause grams, including mental health and sub- ‘‘(iii) PROMISING PRACTICE.—A practice (i) as often as the Secretary determines nec- stance abuse prevention and treatment serv- shall be considered to be a ‘promising prac- essary. ices, and with other public and private agen- tice’ if the practice is superior to an appro- ‘‘(E) OUTCOME ASSESSMENT AND REPORT- cies with experience in administering child priate comparison practice using conven- ING.—The State shall collect and report to and family services, including community- tional standards of statistical significance the Secretary the following information with based organizations, in order to foster a con- (in terms of demonstrated meaningful im- respect to each child for whom, or on whose tinuum of care for children described in provements in validated measures of impor- behalf mental health and substance abuse paragraph (2) and their parents or kin care- tant child and parent outcomes, such as prevention and treatment services or in- givers. mental health, substance abuse, and child home parent skill-based programs are pro- ‘‘(v) A description of how the State shall safety and well-being), as established by the vided during a 12-month period beginning on assess children and their parents or kin care- results or outcomes of at least one study the date the child is determined by the State givers to determine eligibility for services or that— to be a child described in paragraph (2): programs specified in paragraph (1). ‘‘(I) was rated by an independent system- ‘‘(i) The specific services or programs pro- ‘‘(vi) A description of how the services or atic review for the quality of the study de- vided and the total expenditures for each of programs specified in paragraph (1) that are sign and execution and determined to be the services or programs. provided for or on behalf of a child and the well-designed and well-executed; and ‘‘(ii) The duration of the services or pro- parents or kin caregivers of the child will be ‘‘(II) utilized some form of control (such as grams provided. coordinated with other child and family an untreated group, a placebo group, or a ‘‘(iii) In the case of a child described in services provided to the child and the par- wait list study). paragraph (2)(A), the child’s placement sta- ents or kin caregivers of the child under the ‘‘(iv) SUPPORTED PRACTICE.—A practice tus at the beginning, and at the end, of the State plan under part B. shall be considered to be a ‘supported prac- 1-year period, respectively, and whether the ‘‘(vii) Descriptions of steps the State is tice’ if— child entered foster care within 2 years after taking to support and enhance a competent, ‘‘(I) the practice is superior to an appro- being determined a candidate for foster care. skilled, and professional child welfare work- priate comparison practice using conven- force to deliver trauma-informed and evi- ‘‘(5) STATE PLAN COMPONENT.— tional standards of statistical significance dence-based services, including— ‘‘(A) IN GENERAL.—A State electing to pro- (in terms of demonstrated meaningful im- ‘‘(I) ensuring that staff is qualified to provide services or programs specified in para- provements in validated measures of impor- vide services or programs that are consistent graph (1) shall submit as part of the State tant child and parent outcomes, such as with the promising, supported, or well-sup- plan required by subsection (a) a prevention mental health, substance abuse, and child ported practice models selected; and services and programs plan component that safety and well-being), as established by the ‘‘(II) developing appropriate prevention meets the requirements of subparagraph (B). results or outcomes of at least one study plans, and conducting the risk assessments that— ‘‘(B) PREVENTION SERVICES AND PROGRAMS required under clause (iii). ‘‘(aa) was rated by an independent system- PLAN COMPONENT.—In order to meet the re- ‘‘(viii) A description of how the State will atic review for the quality of the study de- quirements of this subparagraph, a preven- provide training and support for caseworkers sign and execution and determined to be tion services and programs plan component, in assessing what children and their families well-designed and well-executed; with respect to each 5-year period for which need, connecting to the families served, ‘‘(bb) was a rigorous random-controlled the plan component is in operation in the knowing how to access and deliver the need- trial (or, if not available, a study using a rig- State, shall include the following: ed trauma-informed and evidence-based serv- orous quasi-experimental research design); ‘‘(i) How providing services and programs ices, and overseeing and evaluating the con- and specified in paragraph (1) is expected to im- tinuing appropriateness of the services. ‘‘(cc) was carried out in a usual care or prove specific outcomes for children and ‘‘(ix) A description of how caseload size and practice setting; and families. type for prevention caseworkers will be de- ‘‘(II) the study described in subclause (I) ‘‘(ii) How the State will monitor and over- termined, managed, and overseen. established that the practice has a sustained see the safety of children who receive serv- ‘‘(x) An assurance that the State will re- effect (when compared to a control group) for ices and programs specified in paragraph (1), port to the Secretary such information and at least 6 months beyond the end of the including through periodic risk assessments data as the Secretary may require with re- treatment. throughout the period in which the services spect to the provision of services and pro- ‘‘(v) WELL-SUPPORTED PRACTICE.—A prac- and programs are provided on behalf of a grams specified in paragraph (1), including tice shall be considered to be a ‘well-sup- child and reexamination of the prevention information and data necessary to determine ported practice’ if— plan maintained for the child under para- the performance measures for the State ‘‘(I) the practice is superior to an appro- graph (4) for the provision of the services or under paragraph (6) and compliance with priate comparison practice using conven- programs if the State determines the risk of paragraph (7). tional standards of statistical significance the child entering foster care remains high ‘‘(C) REIMBURSEMENT FOR SERVICES UNDER (in terms of demonstrated meaningful im- despite the provision of the services or pro- THE PREVENTION PLAN COMPONENT.— provements in validated measures of impor- grams. ‘‘(i) LIMITATION.—Except as provided in tant child and parent outcomes, such as ‘‘(iii) With respect to the services and pro- subclause (ii), a State may not receive a Fed- mental health, substance abuse, and child grams specified in subparagraphs (A) and (B) eral payment under this part for a given safety and well-being), as established by the of paragraph (1), information on the specific promising, supported, or well-supported results or outcomes of at least two studies promising, supported, or well-supported practice unless (in accordance with subpara- that— practices the State plans to use to provide graph (B)(iii)(V)) the plan includes a well-de- ‘‘(aa) were rated by an independent sys- the services or programs, including a designed and rigorous evaluation strategy for tematic review for the quality of the study scription of— that practice.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00115 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.117 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7046 CONGRESSIONAL RECORD — SENATE December 9, 2016

‘‘(ii) WAIVER OF LIMITATION.—The Sec- that are matched or reimbursed by the Fed- (1) in paragraph (5), by striking the period retary may waive the requirement for a well- eral Government and State or local funds at the end and inserting ‘‘; plus’’; and designed and rigorous evaluation of any well- that are not matched or reimbursed by the (2) by adding at the end the following: supported practice if the Secretary deems Federal Government. ‘‘(6) subject to section 471(e)— the evidence of the effectiveness of the prac- ‘‘(D) DETERMINATION OF PREVENTION SERV- ‘‘(A) for each quarter— tice to be compelling and the State meets ICES AND ACTIVITIES.—The Secretary shall re- ‘‘(i) subject to clause (ii)— the continuous quality improvement require- quire each State that elects to provide serv- ‘‘(I) beginning after September 30, 2019, and ments included in subparagraph (B)(iii)(II) ices and programs specified in paragraph (1) before October 1, 2025, an amount equal to 50 with regard to the practice. to report the expenditures specified in sub- percent of the total amount expended during ‘‘(6) PREVENTION SERVICES MEASURES.— paragraph (B) for fiscal year 2014 and for the quarter for the provision of services or ‘‘(A) ESTABLISHMENT; ANNUAL UPDATES.— such fiscal years thereafter as are necessary programs specified in subparagraph (A) or Beginning with fiscal year 2021, and annually to determine whether the State is complying (B) of section 471(e)(1) that are provided in thereafter, the Secretary shall establish the with the maintenance of effort requirement accordance with promising, supported, or following prevention services measures based in subparagraph (A). The Secretary shall well-supported practices that meet the appli- on information and data reported by States specify the specific services and activities cable criteria specified for the practices in that elect to provide services and programs under each program referred to in subpara- section 471(e)(4)(C); and specified in paragraph (1): graph (B) that are ‘prevention services and ‘‘(II) beginning after September 30, 2025, an ‘‘(i) PERCENTAGE OF CANDIDATES FOR FOS- activities’ for purposes of the reports. amount equal to the Federal medical assist- TER CARE WHO DO NOT ENTER FOSTER CARE.— ‘‘(E) STATE DESCRIBED.—For purposes of ance percentage (which shall be as defined in The percentage of candidates for foster care subparagraph (A), a State is described in this section 1905(b), in the case of a State other for whom, or on whose behalf, the services or subparagraph if the population of children in than the District of Columbia, or 70 percent, programs are provided who do not enter fos- the State in 2014 was less than 200,000 (as de- in the case of the District of Columbia) of ter care, including those placed with a kin termined by the Bureau of the Census). the total amount expended during the quar- caregiver outside of foster care, during the ‘‘(8) PROHIBITION AGAINST USE OF STATE FOS- ter for the provision of services or programs 12-month period in which the services or pro- TER CARE PREVENTION EXPENDITURES AND FED- specified in subparagraph (A) or (B) of sec- grams are provided and through the end of ERAL IV–E PREVENTION FUNDS FOR MATCHING tion 471(e)(1) that are provided in accordance the succeeding 12-month-period. OR EXPENDITURE REQUIREMENT.—A State that with promising, supported, or well-supported ‘‘(ii) PER-CHILD SPENDING.—The total elects to provide services and programs spec- practices that meet the applicable criteria amount of expenditures made for mental ified in paragraph (1) shall not use any State specified for the practices in section health and substance abuse prevention and foster care prevention expenditures for a fis- 471(e)(4)(C) (or, with respect to the payments treatment services or in-home parent skill- cal year for the State share of expenditures made during the quarter under a cooperative based programs, respectively, for, or on be- under section 474(a)(6) for a fiscal year. agreement or contract entered into by the half of, each child described in paragraph (2). ‘‘(9) ADMINISTRATIVE COSTS.—Expenditures State and an Indian tribe, tribal organiza- ‘‘(B) DATA.—The Secretary shall establish described in section 474(a)(6)(B)— tion, or tribal consortium for the adminis- and annually update the prevention services ‘‘(A) shall not be eligible for payment tration or payment of funds under this part, measures— under subparagraph (A), (B), or (E) of section an amount equal to the Federal medical as- ‘‘(i) based on the median State values of 474(a)(3); and sistance percentage that would apply under the information reported under each clause ‘‘(B) shall be eligible for payment under section 479B(d) (in this paragraph referred to of subparagraph (A) for the 3 then most re- section 474(a)(6)(B) without regard to wheth- as the ‘tribal FMAP’) if the Indian tribe, cent years; and er the expenditures are incurred on behalf of tribal organization, or tribal consortium ‘‘(ii) taking into account State differences a child who is, or is potentially, eligible for made the payments under a program oper- in the price levels of consumption goods and foster care maintenance payments under this ated under that section, unless the tribal services using the most recent regional price part. FMAP is less than the Federal medical as- parities published by the Bureau of Eco- ‘‘(10) APPLICATION.— sistance percentage that applies to the nomic Analysis of the Department of Com- ‘‘(A) IN GENERAL.—The provision of serv- State); except that merce or such other data as the Secretary ices or programs under this subsection to or ‘‘(ii) not less than 50 percent of the total determines appropriate. on behalf of a child described in paragraph amount payable to a State under clause (i) ‘‘(C) PUBLICATION OF STATE PREVENTION (2) shall not be considered to be receipt of aid for a fiscal year shall be for the provision of SERVICES MEASURES.—The Secretary shall or assistance under the State plan under this services or programs specified in subpara- annually make available to the public the part for purposes of eligibility for any other graph (A) or (B) of section 471(e)(1) that are prevention services measures of each State. program established under this Act. provided in accordance with well-supported ‘‘(7) MAINTENANCE OF EFFORT FOR STATE ‘‘(B) CANDIDATES IN KINSHIP CARE.—A child practices; plus FOSTER CARE PREVENTION EXPENDITURES.— described in paragraph (2) for whom such ‘‘(B) for each quarter specified in subpara- ‘‘(A) IN GENERAL.—If a State elects to pro- services or programs under this subsection graph (A), an amount equal to the sum of the vide services and programs specified in para- are provided for more than 6 months while in following proportions of the total amount graph (1) for a fiscal year, the State foster the home of a kin caregiver, and who would expended during the quarter: care prevention expenditures for the fiscal satisfy the AFDC eligibility requirement of ‘‘(i) 50 percent of so much of the expendi- year shall not be less than the amount of the section 472(a)(3)(A)(ii)(II) but for residing in tures as are found necessary by the Sec- expenditures for fiscal year 2014 (or, at the the home of the caregiver for more than 6 retary for the proper and efficient adminis- option of a State described in subparagraph months, is deemed to satisfy that require- tration of the State plan for the provision of (E), fiscal year 2015 or fiscal year 2016 (which- ment for purposes of determining whether services or programs specified in section ever the State elects)). the child is eligible for foster care mainte- 471(e)(1), including expenditures for activi- ‘‘(B) STATE FOSTER CARE PREVENTION EX- nance payments under section 472.’’. ties approved by the Secretary that promote PENDITURES.—The term ‘State foster care (b) DEFINITION.—Section 475 of such Act (42 the development of necessary processes and prevention expenditures’ means the fol- U.S.C. 675) is amended by adding at the end procedures to establish and implement the lowing: the following: provision of the services and programs for in- ‘‘(i) TANF; IV–B; SSBG.—State expenditures ‘‘(13) The term ‘child who is a candidate for dividuals who are eligible for the services for foster care prevention services and ac- foster care’ means, a child who is identified and programs and expenditures attributable tivities under the State program funded in a prevention plan under section to data collection and reporting; and under part A (including from amounts made 471(e)(4)(A) as being at imminent risk of en- ‘‘(ii) 50 percent of so much of the expendi- available by the Federal Government), under tering foster care (without regard to whether tures with respect to the provision of serv- the State plan developed under part B (in- the child would be eligible for foster care ices and programs specified in section cluding any such amounts), or under the So- maintenance payments under section 472 or 471(e)(1) as are for training of personnel em- cial Services Block Grant Programs under is or would be eligible for adoption assist- ployed or preparing for employment by the subtitle A of title XX (including any such ance or kinship guardianship assistance pay- State agency or by the local agency admin- amounts). ments under section 473) but who can remain istering the plan in the political subdivision ‘‘(ii) OTHER STATE PROGRAMS.—State ex- safely in the child’s home or in a kinship and of the members of the staff of State-li- penditures for foster care prevention services placement as long as services or programs censed or State-approved child welfare agen- and activities under any State program that specified in section 471(e)(1) that are nec- cies providing services to children described is not described in clause (i) (other than any essary to prevent the entry of the child into in section 471(e)(2) and their parents or kin State expenditures for foster care prevention foster care are provided. The term includes a caregivers, including on how to determine services and activities under the State pro- child whose adoption or guardianship ar- who are individuals eligible for the services gram under this part (including under a rangement is at risk of a disruption or dis- or programs, how to identify and provide ap- waiver of the program)). solution that would result in a foster care propriate services and programs, and how to ‘‘(C) STATE EXPENDITURES.—The term placement.’’. oversee and evaluate the ongoing appro- ‘State expenditures’ means all State or local (c) PAYMENTS UNDER TITLE IV–E.—Section priateness of the services and programs.’’. funds that are expended by the State or a 474(a) of such Act (42 U.S.C. 674(a)) is amend- (d) TECHNICAL ASSISTANCE AND BEST PRAC- local agency including State or local funds ed— TICES, CLEARINGHOUSE, AND DATA COLLECTION

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00116 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.117 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7047

AND EVALUATIONS.—Section 476 of such Act or kin caregivers, in accordance with section ance with recognized principles of a trauma- (42 U.S.C. 676) is amended by adding at the 471(e) and subparagraph (E).’’; and informed approach and trauma-specific end the following: (ii) by adding at the end the following: interventions to address the consequences of ‘‘(d) TECHNICAL ASSISTANCE AND BEST ‘‘(E) PREVENTION SERVICES AND PROGRAMS trauma and facilitate healing. PRACTICES, CLEARINGHOUSE, DATA COLLEC- FOR CHILDREN AND THEIR PARENTS AND KIN ‘‘(2) APPLICATION.—With respect to chil- TION, AND EVALUATIONS RELATING TO PREVEN- CAREGIVERS.— dren for whom foster care maintenance pay- TION SERVICES AND PROGRAMS.— ‘‘(i) IN GENERAL.—In the case of a tribe, or- ments are made under paragraph (1), only ‘‘(1) TECHNICAL ASSISTANCE AND BEST PRAC- ganization, or consortium that elects to pro- the children who satisfy the requirements of TICES.—The Secretary shall provide to States vide services and programs specified in sec- paragraphs (1)(B) and (3) of subsection (a) and, as applicable, to Indian tribes, tribal or- tion 471(e)(1) to children described in section shall be considered to be children with re- ganizations, and tribal consortia, technical 471(e)(2) and their parents or kin caregivers spect to whom foster care maintenance pay- assistance regarding the provision of services under the plan, the Secretary shall specify ments are made under this section for pur- and programs described in section 471(e)(1) the requirements applicable to the provision poses of subsection (h) or section and shall disseminate best practices with re- of the services and programs. The require- 473(b)(3)(B).’’. spect to the provision of the services and ments shall, to the greatest extent prac- (b) CONFORMING AMENDMENT.—Section programs, including how to plan and imple- ticable, be consistent with the requirements 474(a)(1) of such Act (42 U.S.C. 674(a)(1)) is ment a well-designed and rigorous evalua- applicable to States under section 471(e) and amended by inserting ‘‘subject to section tion of a promising, supported, or well-sup- shall permit the provision of the services and 472(j),’’ before ‘‘an amount equal to the Fed- ported practice. programs in the form of services and pro- eral’’ the first place it appears. ‘‘(2) CLEARINGHOUSE OF PROMISING, SUP- grams that are adapted to the culture and SEC. 113. TITLE IV–E PAYMENTS FOR EVIDENCE- PORTED, AND WELL-SUPPORTED PRACTICES.— context of the tribal communities served. BASED KINSHIP NAVIGATOR PRO- The Secretary shall, directly or through ‘‘(ii) PERFORMANCE MEASURES.—The Sec- GRAMS. grants, contracts, or interagency agree- retary shall establish specific performance Section 474(a) of the Social Security Act ments, evaluate research on the practices measures for each tribe, organization, or (42 U.S.C. 674(a)), as amended by section specified in clauses (iii), (iv), and (v), respec- consortium that elects to provide services 111(c), is amended— tively, of section 471(e)(4)(C), and programs and programs specified in section 471(e)(1). (1) in paragraph (6), by striking the period that meet the requirements described in sec- The performance measures shall, to the at the end and inserting ‘‘; plus’’; and tion 427(a)(1), including culturally specific, greatest extent practicable, be consistent (2) by adding at the end the following: or location- or population-based adaptations with the prevention services measures re- ‘‘(7) an amount equal to 50 percent of the of the practices, to identify and establish a quired for States under section 471(e)(6) but amounts expended by the State during the public clearinghouse of the practices that shall allow for consideration of factors quarter as the Secretary determines are for satisfy each category described by such unique to the provision of the services by kinship navigator programs that meet the clauses. In addition, the clearinghouse shall tribes, organizations, or consortia.’’; and requirements described in section 427(a)(1) include information on the specific outcomes and that the Secretary determines are oper- associated with each practice, including (B) in subsection (d)(1), by striking ‘‘and (5)’’ and inserting ‘‘(5), and (6)(A)’’. ated in accordance with promising, sup- whether the practice has been shown to pre- ported, or well-supported practices that meet vent child abuse and neglect and reduce the (2) CONFORMING AMENDMENT.—The heading for subsection (d) of section 479B of such Act the applicable criteria specified for the prac- likelihood of foster care placement by sup- tices in section 471(e)(4)(C), without regard porting birth families and kinship families (42 U.S.C. 679c) is amended by striking ‘‘FOR to whether the expenditures are incurred on and improving targeted supports for preg- FOSTER CARE MAINTENANCE AND ADOPTION behalf of children who are, or are poten- nant and parenting youth and their children. ASSISTANCE PAYMENTS’’. (f) APPLICATION TO PROGRAMS OPERATED BY tially, eligible for foster care maintenance ‘‘(3) DATA COLLECTION AND EVALUATIONS.— TERRITORIES.—Section 1108(a)(2) of the Social payments under this part.’’. The Secretary, directly or through grants, Security Act (42 U.S.C. 1308(a)(2)) is amended contracts, or interagency agreements, may Subtitle B—Enhanced Support Under Title by striking ‘‘or 413(f)’’ and inserting ‘‘413(f), collect data and conduct evaluations with re- IV–B or 474(a)(6)’’. spect to the provision of services and pro- SEC. 121. ELIMINATION OF TIME LIMIT FOR FAM- grams described in section 471(e)(1) for pur- SEC. 112. FOSTER CARE MAINTENANCE PAY- ILY REUNIFICATION SERVICES MENTS FOR CHILDREN WITH PAR- poses of assessing the extent to which the WHILE IN FOSTER CARE AND PER- ENTS IN A LICENSED RESIDENTIAL MITTING TIME-LIMITED FAMILY RE- provision of the services and programs— FAMILY-BASED TREATMENT FACIL- UNIFICATION SERVICES WHEN A ‘‘(A) reduces the likelihood of foster care ITY FOR SUBSTANCE ABUSE. CHILD RETURNS HOME FROM FOS- placement; (a) IN GENERAL.—Section 472 of the Social TER CARE. ‘‘(B) increases use of kinship care arrange- Security Act (42 U.S.C. 672) is amended— (a) IN GENERAL.—Section 431(a)(7) of the ments; or (1) in subsection (a)(2)(C), by striking ‘‘or’’ Social Security Act (42 U.S.C. 629a(a)(7)) is ‘‘(C) improves child well-being. and inserting ‘‘, with a parent residing in a amended— ‘‘(4) REPORTS TO CONGRESS.— licensed residential family-based treatment (1) in the paragraph heading, by striking ‘‘(A) IN GENERAL.—The Secretary shall sub- facility, but only to the extent permitted ‘‘TIME-LIMITED FAMILY’’ and inserting ‘‘FAM- mit to the Committee on Finance of the Sen- under subsection (j), or in a’’; and ILY’’; and ate and the Committee on Ways and Means (2) by adding at the end the following: (2) in subparagraph (A)— of the House of Representatives periodic re- ‘‘(j) CHILDREN PLACED WITH A PARENT RE- (A) by striking ‘‘time-limited family’’ and ports based on the provision of services and SIDING IN A LICENSED RESIDENTIAL FAMILY- inserting ‘‘family’’; programs described in section 471(e)(1) and BASED TREATMENT FACILITY FOR SUBSTANCE (B) by inserting ‘‘or a child who has been the activities carried out under this sub- ABUSE.— returned home’’ after ‘‘child care institu- section. ‘‘(1) IN GENERAL.—Notwithstanding the pre- tion’’; and ‘‘(B) PUBLIC AVAILABILITY.—The Secretary ceding provisions of this section, a child who (C) by striking ‘‘, but only during the 15- shall make the reports to Congress sub- is eligible for foster care maintenance pay- month period that begins on the date that mitted under this paragraph publicly avail- ments under this section, or who would be el- the child, pursuant to section 475(5)(F), is able. igible for the payments if the eligibility were considered to have entered foster care’’ and ‘‘(5) APPROPRIATION.—Out of any money in determined without regard to paragraphs inserting ‘‘and to ensure the strength and the Treasury of the United States not other- (1)(B) and (3) of subsection (a), shall be eligi- stability of the reunification. In the case of wise appropriated, there is appropriated to ble for the payments for a period of not more a child who has been returned home, the the Secretary $1,000,000 for fiscal year 2017 than 12 months during which the child is services and activities shall only be provided and each fiscal year thereafter to carry out placed with a parent who is in a licensed res- during the 15-month period that begins on this subsection.’’. idential family-based treatment facility for the date that the child returns home’’. (e) APPLICATION TO PROGRAMS OPERATED BY substance abuse, but only if— (b) CONFORMING AMENDMENTS.— INDIAN TRIBAL ORGANIZATIONS.— ‘‘(A) the recommendation for the place- (1) Section 430 of such Act (42 U.S.C. 629) is (1) IN GENERAL.—Section 479B of such Act ment is specified in the child’s case plan be- amended in the matter preceding paragraph (42 U.S.C. 679c) is amended— fore the placement; (1), by striking ‘‘time-limited’’. (A) in subsection (c)(1)— ‘‘(B) the treatment facility provides, as (2) Subsections (a)(4), (a)(5)(A), and (b)(1) of (i) in subparagraph (C)(i)— part of the treatment for substance abuse, section 432 of such Act (42 U.S.C. 629b) are (I) in subclause (II), by striking ‘‘and’’ parenting skills training, parent education, amended by striking ‘‘time-limited’’ each after the semicolon; and individual and family counseling; and place it appears. (II) in subclause (III), by striking the pe- ‘‘(C) the substance abuse treatment, par- SEC. 122. REDUCING BUREAUCRACY AND UNNEC- riod at the end and inserting ‘‘; and’’; and enting skills training, parent education, and ESSARY DELAYS WHEN PLACING (III) by adding at the end the following: individual and family counseling is provided CHILDREN IN HOMES ACROSS STATE ‘‘(IV) at the option of the tribe, organiza- under an organizational structure and treat- LINES. tion, or consortium, services and programs ment framework that involves under- (a) STATE PLAN REQUIREMENT.—Section specified in section 471(e)(1) to children de- standing, recognizing, and responding to the 471(a)(25) of the Social Security Act (42 scribed in section 471(e)(2) and their parents effects of all types of trauma and in accord- U.S.C. 671(a)(25)) is amended—

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00117 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.117 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7048 CONGRESSIONAL RECORD — SENATE December 9, 2016 (1) by striking ‘‘provide’’ and insert ‘‘pro- being, including the time it takes for chil- ‘‘(ii) Nonprofit child welfare service provides’’; and dren to be placed across State lines. viders. (2) by inserting ‘‘, which, not later than Oc- ‘‘(E) How using the electronic interstate ‘‘(iii) For-profit child welfare service pro- tober 1, 2026, shall include the use of an elec- case-processing system has affected adminis- viders. tronic interstate case-processing system’’ trative costs and caseworker time spent on ‘‘(iv) Community health service providers, before the first semicolon. placing children across State lines. including substance abuse treatment pro- (b) GRANTS FOR THE DEVELOPMENT OF AN ‘‘(6) DATA INTEGRATION.—The Secretary, in viders. ELECTRONIC INTERSTATE CASE-PROCESSING consultation with the Secretariat for the ‘‘(v) Community mental health providers. SYSTEM TO EXPEDITE THE INTERSTATE PLACE- Interstate Compact on the Placement of ‘‘(vi) Local law enforcement agencies. MENT OF CHILDREN IN FOSTER CARE OR Children and the States, shall assess how the ‘‘(vii) School personnel. GUARDIANSHIP, OR FOR ADOPTION.—Section electronic interstate case-processing system ‘‘(viii) Tribal child welfare agencies (or a 437 of such Act (42 U.S.C. 629g) is amended by developed pursuant to paragraph (4) could be consortia of the agencies). adding at the end the following: used to better serve and protect children ‘‘(ix) Any other providers, agencies, per- ‘‘(g) GRANTS FOR THE DEVELOPMENT OF AN that come to the attention of the child wel- sonnel, officials, or entities that are related ELECTRONIC INTERSTATE CASE-PROCESSING fare system, by— to the provision of child and family services SYSTEM TO EXPEDITE THE INTERSTATE PLACE- ‘‘(A) connecting the system with other MENT OF CHILDREN IN FOSTER CARE OR data systems (such as systems operated by under a State plan approved under this sub- GUARDIANSHIP, OR FOR ADOPTION.— State law enforcement and judicial agencies, part. ‘‘(1) PURPOSE.—The purpose of this sub- systems operated by the Federal Bureau of ‘‘(D) EXCEPTION FOR REGIONAL PARTNER- section is to facilitate the development of an Investigation for the purposes of the Inno- SHIPS WHERE THE LEAD APPLICANT IS AN IN- electronic interstate case-processing system cence Lost National Initiative, and other DIAN TRIBE OR TRIBAL CONSORTIA.—If an In- for the exchange of data and documents to systems); dian tribe or tribal consortium enters into a expedite the placements of children in foster, ‘‘(B) simplifying and improving reporting regional partnership for purposes of this sub- guardianship, or adoptive homes across related to paragraphs (34) and (35) of section section, the Indian tribe or tribal consor- State lines. 471(a) regarding children or youth who have tium— ‘‘(2) APPLICATION REQUIREMENTS.—A State been identified as being a sex trafficking vic- ‘‘(i) may (but is not required to) include that desires a grant under this subsection tim or children missing from foster care; and the State child welfare agency as a partner shall submit to the Secretary an application ‘‘(C) improving the ability of States to in the collaborative agreement; containing the following: quickly comply with background check re- ‘‘(ii) may not enter into a collaborative ‘‘(A) A description of the goals and out- quirements of section 471(a)(20), including agreement only with tribal child welfare comes to be achieved during the period for checks of child abuse and neglect registries agencies (or a consortium of the agencies); which grant funds are sought, which goals as required by section 471(a)(20)(B).’’. and and outcomes must result in— (c) RESERVATION OF FUNDS TO IMPROVE THE ‘‘(iii) if the condition described in para- ‘‘(i) reducing the time it takes for a child INTERSTATE PLACEMENT OF CHILDREN.—Sec- graph (2)(B) applies, may include tribal court to be provided with a safe and appropriate tion 437(b) of such Act (42 U.S.C. 629g(b)) is organizations in lieu of other judicial part- permanent living arrangement across State amended by adding at the end the following: ners.’’; lines; ‘‘(4) IMPROVING THE INTERSTATE PLACEMENT (3) in paragraph (3)— ‘‘(ii) improving administrative processes OF CHILDREN.—The Secretary shall reserve (A) in subparagraph (A)— and reducing costs in the foster care system; $5,000,000 of the amount made available for (i) by striking ‘‘2012 through 2016’’ and in- and fiscal year 2017 for grants under subsection serting ‘‘2017 through 2021’’; and ‘‘(iii) the secure exchange of relevant case (g), and the amount so reserved shall remain (ii) by striking ‘‘$500,000 and not more than files and other necessary materials in real available through fiscal year 2021.’’. $1,000,000’’ and inserting ‘‘$250,000 and not time, and timely communications and place- SEC. 123. ENHANCEMENTS TO GRANTS TO IM- more than $1,000,000’’; ment decisions regarding interstate place- PROVE WELL-BEING OF FAMILIES (B) in subparagraph (B)— ments of children. AFFECTED BY SUBSTANCE ABUSE. (i) in the subparagraph heading, by insert- ‘‘(B) A description of the activities to be Section 437(f) of the Social Security Act (42 ing ‘‘; PLANNING’’ after ‘‘APPROVAL’’; funded in whole or in part with the grant U.S.C. 629g(f)) is amended— (ii) in clause (i), by striking ‘‘clause (ii)’’ funds, including the sequencing of the activi- (1) in the subsection heading, by striking and inserting ‘‘clauses (ii) and (iii)’’; and ties. ‘‘INCREASE THE WELL-BEING OF, AND TO IM- (iii) by adding at the end the following: ‘‘(C) A description of the strategies for in- PROVE THE PERMANENCY OUTCOMES FOR, CHIL- ‘‘(iii) SUFFICIENT PLANNING.—A grant tegrating programs and services for children DREN AFFECTED BY’’ and inserting ‘‘IMPLE- awarded under this subsection shall be dis- who are placed across State lines. MENT IV–E PREVENTION SERVICES, AND IM- bursed in two phases: a planning phase (not ‘‘(D) Such other information as the Sec- PROVE THE WELL-BEING OF, AND IMPROVE PER- to exceed 2 years); and an implementation retary may require. MANENCY OUTCOMES FOR, CHILDREN AND FAMI- phase. The total disbursement to a grantee ‘‘(3) GRANT AUTHORITY.—The Secretary LIES AFFECTED BY HEROIN, OPIOIDS, AND for the planning phase may not exceed may make a grant to a State that complies OTHER’’; with paragraph (2). (2) by striking paragraph (2) and inserting $250,000, and may not exceed the total anticipated funding for the implementation ‘‘(4) USE OF FUNDS.—A State to which a the following: grant is made under this subsection shall use ‘‘(2) REGIONAL PARTNERSHIP DEFINED.—In phase.’’; and the grant to support the State in connecting this subsection, the term ‘regional partner- (C) by adding at the end the following: with the electronic interstate case-proc- ship’ means a collaborative agreement ‘‘(D) LIMITATION ON PAYMENT FOR A FISCAL essing system described in paragraph (1). (which may be established on an interstate, YEAR.—No payment shall be made under sub- ‘‘(5) EVALUATIONS.—Not later than 1 year State, or intrastate basis) entered into by paragraph (A) or (C) for a fiscal year until after the final year in which grants are the following: the Secretary determines that the eligible awarded under this subsection, the Secretary ‘‘(A) MANDATORY PARTNERS FOR ALL PART- partnership has made sufficient progress in shall submit to the Congress, and make NERSHIP GRANTS.— meeting the goals of the grant and that the available to the general public by posting on ‘‘(i) The State child welfare agency that is members of the eligible partnership are co- a website, a report that contains the fol- responsible for the administration of the ordinating to a reasonable degree with the lowing information: State plan under this part and part E. other members of the eligible partnership.’’; ‘‘(A) How using the electronic interstate ‘‘(ii) The State agency responsible for ad- (4) in paragraph (4)— case-processing system developed pursuant ministering the substance abuse prevention (A) in subparagraph (B)— to paragraph (4) has changed the time it and treatment block grant provided under (i) in clause (i), by inserting ‘‘, parents, and takes for children to be placed across State subpart II of part B of title XIX of the Public families’’ after ‘‘children’’; lines. Health Service Act. (ii) in clause (ii), by striking ‘‘safety and ‘‘(B) The number of cases subject to the ‘‘(B) MANDATORY PARTNERS FOR PARTNER- permanence for such children; and’’ and in- Interstate Compact on the Placement of SHIP GRANTS PROPOSING TO SERVE CHILDREN IN serting ‘‘safe, permanent caregiving rela- Children that were processed through the OUT-OF-HOME PLACEMENTS.—If the partner- tionships for the children;’’; electronic interstate case-processing system, ship proposes to serve children in out-of- (iii) in clause (iii), by striking ‘‘or’’ and in- and the number of interstate child place- home placements, the Juvenile Court or Ad- serting ‘‘increase reunification rates for chil- ment cases that were processed outside the ministrative Office of the Court that is most dren who have been placed in out of home electronic interstate case-processing system, appropriate to oversee the administration of care, or decrease’’; and by each State in each year. court programs in the region to address the (iv) by redesignating clause (iii) as clause ‘‘(C) The progress made by States in imple- population of families who come to the at- (v) and inserting after clause (ii) the fol- menting the electronic interstate case-proc- tention of the court due to child abuse or ne- lowing: essing system. glect. ‘‘(iii) improve the substance abuse treat- ‘‘(D) How using the electronic interstate ‘‘(C) OPTIONAL PARTNERS.—At the option of ment outcomes for parents including reten- case-processing system has affected various the partnership, any of the following: tion in treatment and successful completion metrics related to child safety and well- ‘‘(i) An Indian tribe or tribal consortium. of treatment;

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00118 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.117 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7049 ‘‘(iv) facilitate the implementation, deliv- Subtitle C—Miscellaneous ‘‘PART E—FEDERAL PAYMENTS FOR FOS- ery, and effectiveness of prevention services TER CARE, PREVENTION, AND PERMA- SEC. 131. REVIEWING AND IMPROVING LICENS- NENCY’’. and programs under section 471(e); and’’; ING STANDARDS FOR PLACEMENT (B) in subparagraph (D), by striking IN A RELATIVE FOSTER FAMILY (b) PURPOSE.—The first sentence of section ‘‘where appropriate,’’; and HOME. 470 of such Act (42 U.S.C. 670) is amended— (C) by striking subparagraphs (E) and (F) (1) by striking ‘‘1995) and’’ and inserting (a) IDENTIFICATION OF REPUTABLE MODEL ‘‘1995),’’; and inserting the following: LICENSING STANDARDS.—Not later than Octo- ‘‘(E) A description of a plan for sustaining ber 1, 2017, the Secretary of Health and (2) by inserting ‘‘kinship guardianship assistance, and prevention services or pro- the services provided by or activities funded Human Services shall identify reputable grams specified in section 471(e)(1),’’ after under the grant after the conclusion of the model licensing standards with respect to ‘‘needs,’’; and grant period, including through the use of the licensing of foster family homes (as de- (3) by striking ‘‘(commencing with the fis- prevention services and programs under sec- fined in section 472(c)(1) of the Social Secu- cal year which begins October 1, 1980)’’. tion 471(e) and other funds provided to the rity Act). SEC. 134. EFFECTIVE DATES. State for child welfare and substance abuse (b) STATE PLAN REQUIREMENT.—Section (a) EFFECTIVE DATES.— prevention and treatment services. 471(a) of the Social Security Act (42 U.S.C. N GENERAL.—Except as provided in ‘‘(F) Additional information needed by the (1) I 671(a)) is amended— paragraph (2), subject to subsection (b), the Secretary to determine that the proposed ac- (1) in paragraph (34)(B), by striking ‘‘and’’ amendments made by this title shall take ef- tivities and implementation will be con- after the semicolon; fect on January 1, 2017. sistent with research or evaluations showing (2) in paragraph (35)(B), by striking the pe- (2) EXCEPTIONS.—The amendments made by which practices and approaches are most ef- riod at the end and inserting a semicolon; sections 131 and 133 shall take effect on the fective.’’; and date of enactment of this Act. (5) in paragraph (5)(A), by striking ‘‘abuse (3) by adding at the end the following: (b) TRANSITION RULE.— treatment’’ and inserting ‘‘use disorder ‘‘(36) provides that, not later than April 1, (1) IN GENERAL.—In the case of a State plan treatment including medication assisted 2018, the State shall submit to the Secretary under part B or E of title IV of the Social Se- treatment and in-home substance abuse disinformation addressing— curity Act which the Secretary of Health order treatment and recovery’’; ‘‘(A) whether the State licensing standards and Human Services determines requires (6) in paragraph (7)— are in accord with model standards identi- State legislation (other than legislation ap- (A) by striking ‘‘and’’ at the end of sub- fied by the Secretary, and if not, the reason propriating funds) in order for the plan to for the specific deviation and a description paragraph (C); and meet the additional requirements imposed as to why having a standard that is reason- (B) by redesignating subparagraph (D) as by the amendments made by this title, the ably in accord with the corresponding na- State plan shall not be regarded as failing to subparagraph (E) and inserting after sub- tional model standards is not appropriate for paragraph (C) the following: comply with the requirements of such part the State; solely on the basis of the failure of the plan ‘‘(D) demonstrate a track record of suc- ‘‘(B) whether the State has elected to cessful collaboration among child welfare, to meet such additional requirements before waive standards established in 471(a)(10)(A) the first day of the first calendar quarter be- substance abuse disorder treatment and for relative foster family homes (pursuant to ginning after the close of the first regular mental health agencies; and’’; waiver authority provided by 471(a)(10)(D)), a session of the State legislature that begins (7) in paragraph (8)— description of which standards the State after the date of enactment of this Act. For (A) in subparagraph (A)— most commonly waives, and if the State has purposes of the previous sentence, in the (i) by striking ‘‘establish indicators that not elected to waive the standards, the rea- case of a State that has a 2-year legislative will be’’ and inserting ‘‘review indicators son for not waiving these standards; session, each year of the session shall be that are’’; and ‘‘(C) if the State has elected to waive deemed to be a separate regular session of (ii) by striking ‘‘in using funds made avail- standards specified in subparagraph (B), how the State legislature. able under such grants to achieve the pur- caseworkers are trained to use the waiver (2) APPLICATION TO PROGRAMS OPERATED BY pose of this subsection’’ and inserting ‘‘and authority and whether the State has devel- INDIAN TRIBAL ORGANIZATIONS.—In the case of establish a set of core indicators related to oped a process or provided tools to assist an Indian tribe, tribal organization, or tribal child safety, parental recovery, parenting ca- caseworkers in waiving nonsafety standards consortium which the Secretary of Health pacity, and family well-being. In developing per the authority provided in 471(a)(10)(D) to and Human Services determines requires the core indicators, to the extent possible, quickly place children with relatives; and time to take action necessary to comply ‘‘(D) a description of the steps the State is indicators shall be made consistent with the with the additional requirements imposed by taking to improve caseworker training or outcome measures described in section the amendments made by this title (whether the process, if any; and’’. 471(e)(6)’’; and the tribe, organization, or tribal consortium (B) in subparagraph (B)— SEC. 132. DEVELOPMENT OF A STATEWIDE PLAN has a plan under section 479B of the Social (i) in the matter preceding clause (i), by in- TO PREVENT CHILD ABUSE AND NE- Security Act or a cooperative agreement or GLECT FATALITIES. serting ‘‘base the performance measures on contract entered into with a State), the Sec- retary shall provide the tribe, organization, lessons learned from prior rounds of regional Section 422(b)(19) of the Social Security or tribal consortium with such additional partnership grants under this subsection, Act (42 U.S.C. 622(b)(19)) is amended to read time as the Secretary determines is nec- and’’ before ‘‘consult’’; and as follows: essary for the tribe, organization, or tribal (ii) by striking clauses (iii) and (iv) and in- ‘‘(19) document steps taken to track and prevent child maltreatment deaths by in- consortium to take the action to comply serting the following: with the additional requirements before ‘‘(iii) Other stakeholders or constituencies cluding— ‘‘(A) a description of the steps the State is being regarded as failing to comply with the as determined by the Secretary.’’; taking to compile complete and accurate in- requirements. (8) in paragraph (9)(A), by striking clause formation on the deaths required by Federal TITLE II—ENSURING THE NECESSITY OF A (i) and inserting the following: law to be reported by the State agency re- PLACEMENT THAT IS NOT IN A FOSTER ‘‘(i) SEMIANNUAL REPORTS.—Not later than ferred to in paragraph (1), including gath- FAMILY HOME September 30 of each fiscal year in which a ering relevant information on the deaths SEC. 201. LIMITATION ON FEDERAL FINANCIAL recipient of a grant under this subsection is from the relevant organizations in the State PARTICIPATION FOR PLACEMENTS paid funds under the grant, and every 6 including entities such as State vital statis- THAT ARE NOT IN FOSTER FAMILY months thereafter, the grant recipient shall tics department, child death review teams, HOMES. submit to the Secretary a report on the serv- law enforcement agencies, offices of medical (a) LIMITATION ON FEDERAL FINANCIAL PAR- ices provided and activities carried out dur- examiners or coroners; and TICIPATION.— ing the reporting period, progress made in ‘‘(B) a description of the steps the state is (1) IN GENERAL.—Section 472 of the Social achieving the goals of the program, the num- taking to develop and implement of a com- Security Act (42 U.S.C. 672), as amended by ber of children, adults, and families receiv- prehensive, statewide plan to prevent the fa- section 112, is amended— ing services, and such additional information talities that involves and engages relevant (A) in subsection (a)(2)(C), by inserting ‘‘, as the Secretary determines is necessary. public and private agency partners, includ- but only to the extent permitted under sub- The report due not later than September 30 ing those in public health, law enforcement, section (k)’’ after ‘‘institution’’; and (B) by adding at the end the following: of the last such fiscal year shall include, at and the courts.’’. ‘‘(k) LIMITATION ON FEDERAL FINANCIAL a minimum, data on each of the performance SEC. 133. MODERNIZING THE TITLE AND PUR- PARTICIPATION.— POSE OF TITLE IV–E. indicators included in the evaluation of the ‘‘(1) IN GENERAL.—Beginning with the third regional partnership.’’; and (a) PART HEADING.—The heading for part E week for which foster care maintenance pay- (9) in paragraph (10), by striking ‘‘2012 of title IV of the Social Security Act (42 ments are made under this section on behalf through 2016’’ and inserting ‘‘2017 through U.S.C. 670 et seq.) is amended to read as fol- of a child placed in a child-care institution, 2021’’. lows: no Federal payment shall be made to the

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00119 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.117 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7050 CONGRESSIONAL RECORD — SENATE December 9, 2016 State under section 474(a)(1) for amounts ex- ‘‘(ii) are on-site during business hours; and on the basis of data meeting the require- pended for foster care maintenance pay- ‘‘(iii) are available 24 hours a day and 7 ments of the system established pursuant to ments on behalf of the child unless— days a week; section 479, as reported by the State and ap- ‘‘(A) the child is placed in a child-care in- ‘‘(C) to extent appropriate, and in accord- proved by the Secretary, and, to the extent stitution that is a setting specified in para- ance with the child’s best interests, facili- the Secretary determines necessary, on the graph (2) (or is placed in a licensed residen- tates participation of family members in the basis of such other information reported to tial family-based treatment facility con- child’s treatment program; the Secretary as the Secretary may require sistent with subsection (j)); and ‘‘(D) facilitates outreach to the family to determine that a State is, or continues to ‘‘(B) in the case of a child placed in a quali- members of the child, including siblings, be, a State described in subparagraph (B). fied residential treatment program (as de- documents how the outreach is made (includ- ‘‘(E) CONGREGATE CARE SETTINGS.—In this fined in paragraph (4)), the requirements ing contact information), and maintains con- paragraph, the term ‘congregate care set- specified in paragraph (3) and section 475A(c) tact information for any known biological tings’ includes any settings described as are met. family and fictive kin of the child; ‘group homes’ or ‘institutions’ for purposes ‘‘(2) SPECIFIED SETTINGS FOR PLACEMENT.— ‘‘(E) documents how family members are of data reported in accordance with the re- The settings for placement specified in this integrated into the treatment process for the quirements of the system established pursu- paragraph are the following: child, including post-discharge, and how sib- ant to section 479 or any similar placement ‘‘(A) A qualified residential treatment pro- ling connections are maintained; settings reported in accordance with such re- gram (as defined in paragraph (4)). ‘‘(F) provides discharge planning and fam- quirements. ‘‘(B) A setting specializing in providing ily-based aftercare support for at least 6 ‘‘(6) AUTHORITY FOR FRONTIER STATES TO prenatal, post-partum, or parenting supports months post-discharge; and WAIVE OR MODIFY CERTAIN STAFFING REQUIRE- for youth. ‘‘(G) is licensed in accordance with section MENTS FOR QUALIFIED RESIDENTIAL TREAT- ‘‘(C) In the case of a child who has attained 471(a)(10) and is accredited by any of the fol- MENT PROGRAMS.— 18 years of age, a supervised setting in which lowing independent, not-for-profit organiza- ‘‘(A) IN GENERAL.—A frontier State may the child is living independently. tions: waive or modify the requirements of clause ‘‘(D) A setting providing high-quality resi- ‘‘(i) The Commission on Accreditation of (ii) or (iii) of paragraph (4)(B) (or both) with dential care and supportive services to chil- Rehabilitation Facilities (CARF). respect to any qualified residential treat- dren and youth who have been found to be, or ‘‘(ii) The Joint Commission on Accredita- ment program located in the frontier State. are at risk of becoming, sex trafficking vic- tion of Healthcare Organizations (JCAHO). ‘‘(B) FRONTIER STATE DEFINED.—In this tims, in accordance with section 471(a)(9)(C). ‘‘(iii) The Council on Accreditation (COA). paragraph: ‘‘(3) ASSESSMENT TO DETERMINE APPRO- ‘‘(iv) Any other independent, not-for-profit ‘‘(i) FRONTIER STATE.—The term ‘frontier PRIATENESS OF PLACEMENT IN A QUALIFIED accrediting organization approved by the State’ means a State in which at least 50 RESIDENTIAL TREATMENT PROGRAM.— Secretary. percent of the counties in the State are fron- ‘‘(A) DEADLINE FOR ASSESSMENT.—In the ‘‘(5) FLEXIBILITY IN STAFFING REQUIREMENTS tier counties. case of a child who is placed in a qualified FOR QUALIFIED RESIDENTIAL TREATMENT PRO- ‘‘(ii) FRONTIER COUNTY.—The term ‘frontier residential treatment program, if the assess- GRAMS.— county’ means a county in which the popu- ment required under section 475A(c)(1) is not ‘‘(A) IN GENERAL.—In the case of any State lation per square mile is 6 or less. completed within 30 days after the place- that the Secretary determines is described in ‘‘(7) ADMINISTRATIVE COSTS.—The prohibi- ment is made, no Federal payment shall be subparagraph (B) and satisfies the require- tion in paragraph (1) on Federal payments made to the State under section 474(a)(1) for ments of subparagraphs (C) and (D), respec- under section 474(a)(1) shall not be construed any amounts expended for foster care main- tively, the State may elect to satisfy the re- as prohibiting Federal payments for admin- tenance payments on behalf of the child dur- quirement of paragraph (4)(B) that a quali- istrative expenditures incurred on behalf of a ing the placement. fied residential treatment program have reg- child placed in a child-care institution and ‘‘(B) DEADLINE FOR TRANSITION OUT OF istered or licensed nursing staff and other li- for which payment is available under section PLACEMENT.—If the assessment required censed clinical staff with clinical staff which 474(a)(3). under section 475A(c)(1) determines that the include staff licensed to monitor medica- ‘‘(8) RULE OF CONSTRUCTION.—The require- placement of a child in a qualified residen- tions and physical and behavioral health and ments in paragraph (4)(B) shall not be con- tial treatment program is not appropriate, a that have demonstrated training in child de- strued as requiring a qualified residential court disapproves such a placement under velopment and trauma, in lieu of with reg- treatment program to acquire nursing and section 475A(c)(2), or a child who has been in istered or licensed nursing staff and other li- behavioral health staff solely through means an approved placement in a qualified resi- censed clinical staff. of a direct employer to employee relation- dential treatment program is going to return ‘‘(B) STATE DESCRIBED.—Subject to sub- ship.’’. home or be placed with a fit and willing rel- paragraph (E), a State is described in this (2) CONFORMING AMENDMENT.—Section ative, a legal guardian, or an adoptive par- subparagraph if for the most recent fiscal 474(a)(1) of the Social Security Act (42 U.S.C. ent, or in a foster family home, Federal pay- year for which data are available— 674(a)(1)), as amended by section 112(b), is ments shall be made to the State under sec- ‘‘(i) the percentage of children on whose amended by striking ‘‘section 472(j)’’ and in- tion 474(a)(1) for amounts expended for foster behalf foster care maintenance payments are serting ‘‘subsections (j) and (k) of section care maintenance payments on behalf of the being made under this part who have been 472’’. child while the child remains in the qualified placed in congregate care settings— (b) DEFINITION OF FOSTER FAMILY HOME, residential treatment program only during ‘‘(I) is at or below 7.5 percent for the fiscal CHILD-CARE INSTITUTION.—Section 472(c) of the period necessary for the child to transi- year; or such Act (42 U.S.C. 672(c)(1)) is amended to tion home or to such a placement. In no ‘‘(II) has been reduced by at least 20 per- read as follows: event shall a State receive Federal payments cent from the preceding fiscal year; and ‘‘(c) DEFINITIONS.—For purposes of this under section 474(a)(1) for amounts expended ‘‘(ii) the average length of stay for children part: for foster care maintenance payments on be- in foster care under the responsibility of the ‘‘(1) FOSTER FAMILY HOME.— half of a child who remains placed in a quali- State in congregate care settings is at or ‘‘(A) IN GENERAL.—The term ‘foster family fied residential treatment program after the below 12 months. home’ means the home of an individual or end of the 30-day period that begins on the ‘‘(C) DEMONSTRATION OF CAPACITY AND family— date a determination is made that the place- NEED.—A State described in subparagraph (B) ‘‘(i) that is licensed or approved by the ment is no longer the recommended or ap- shall be eligible to use the alternative staff- State in which it is situated as a foster fam- proved placement for the child. ing model permitted under subparagraph (A) ily home that meets the standards estab- ‘‘(4) QUALIFIED RESIDENTIAL TREATMENT if the State can demonstrate to the satisfac- lished for the licensing or approval; and PROGRAM.—For purposes of this part, the tion of the Secretary that the qualified resi- ‘‘(ii) in which a child in foster care has term ‘qualified residential treatment pro- dential treatment programs utilizing the al- been placed in the care of an individual, who gram’ means a program that— ternative staffing models permitted under resides with the child and who has been li- ‘‘(A) has a trauma-informed treatment subparagraph (A) have the capacity to serve censed or approved by the State to be a fos- model that is designed to address the needs, children and youth whose treatment plans— ter parent— including clinical needs as appropriate, of ‘‘(i) indicate a need for increased super- ‘‘(I) that the State deems capable of adher- children with serious emotional or behav- vision based on behavioral history, history of ing to the reasonable and prudent parent ioral disorders or disturbances and, with re- juvenile delinquency, or history of sexual of- standard; spect to a child, is able to implement the fenses; and ‘‘(II) that provides 24-hour substitute care treatment identified for the child by the as- ‘‘(ii) require a placement that conforms to for children placed away from their parents sessment of the child required under section the alternative staffing model permitted or other caretakers; and 475A(c); under subparagraph (A). ‘‘(III) that provides the care for not more ‘‘(B) subject to paragraphs (5) and (6), has ‘‘(D) ANNUAL DETERMINATION OF STATE ELI- than six children in foster care. registered or licensed nursing staff and other GIBILITY BASED ON AFCARS AND OTHER DATA.— ‘‘(B) STATE FLEXIBILITY.—The number of licensed clinical staff who— The Secretary annually shall make the de- foster children that may be cared for in a ‘‘(i) provide care within the scope of their terminations required under subparagraph home under subparagraph (A) may exceed practice as defined by State law; (B) with respect to a State and a fiscal year, the numerical limitation in subparagraph

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00120 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.117 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7051 (A)(ii)(III), at the option of the State, for any eral shall submit to Congress a report on the ‘‘(VI) the placement preferences of the of the following reasons: results of the evaluation. family and permanency team relative to the ‘‘(i) To allow a parenting youth in foster SEC. 202. ASSESSMENT AND DOCUMENTATION OF assessment that recognizes children should care to remain with the child of the par- THE NEED FOR PLACEMENT IN A be placed with their siblings unless there is enting youth. QUALIFIED RESIDENTIAL TREAT- a finding by the court that such placement is ‘‘(ii) To allow siblings to remain together. MENT PROGRAM. contrary to their best interest; and ‘‘(iii) To allow a child with an established Section 475A of the Social Security Act (42 ‘‘(VII) if the placement preferences of the meaningful relationship with the family to U.S.C. 675a) is amended by adding at the end family and permanency team and child are remain with the family. the following: not the placement setting recommended by ‘‘(c) ASSESSMENT, DOCUMENTATION, AND JU- ‘‘(iv) To allow a family with special train- the qualified individual conducting the as- DICIAL DETERMINATION REQUIREMENTS FOR ing or skills to provide care to a child who sessment under subparagraph (A), the rea- PLACEMENT IN A QUALIFIED RESIDENTIAL has a severe disability. sons why the preferences of the team and of TREATMENT PROGRAM.—In the case of any the child were not recommended. ‘‘(C) RULE OF CONSTRUCTION.—Subpara- child who is placed in a qualified residential ‘‘(C) In the case of a child who the qualified graph (A) shall not be construed as prohib- treatment program (as defined in section individual conducting the assessment under iting a foster parent from renting the home 472(k)(4)), the following requirements shall subparagraph (A) determines should not be in which the parent cares for a foster child apply for purposes of approving the case plan placed in a foster family home, the qualified placed in the parent’s care. for the child and the case system review pro- individual shall specify in writing the rea- ‘‘(2) CHILD-CARE INSTITUTION.— cedure for the child: sons why the needs of the child cannot be ‘‘(A) IN GENERAL.—The term ‘child-care in- ‘‘(1)(A) Within 30 days of the start of each met by the family of the child or in a foster stitution’ means a private child-care institu- placement in such a setting, a qualified indi- family home. A shortage or lack of foster tion, or a public child-care institution which vidual (as defined in subparagraph (D)) family homes shall not be an acceptable rea- accommodates no more than 25 children, shall— son for determining that a needs of the child which is licensed by the State in which it is ‘‘(i) assess the strengths and needs of the cannot be met in a foster family home. The situated or has been approved by the agency child using an age-appropriate, evidence- qualified individual also shall specify in of the State responsible for licensing or ap- based, validated, functional assessment tool writing why the recommended placement in proval of institutions of this type as meeting approved by the Secretary; the standards established for the licensing. a qualified residential treatment program is ‘‘(ii) determine whether the needs of the the setting that will provide the child with ‘‘(B) SUPERVISED SETTINGS.—In the case of child can be met with family members or a child who has attained 18 years of age, the the most effective and appropriate level of through placement in a foster family home care in the least restrictive environment and term shall include a supervised setting in or, if not, which setting from among the set- which the individual is living independently, how that placement is consistent with the tings specified in section 472(k)(2) would pro- short- and long-term goals for the child, as in accordance with such conditions as the vide the most effective and appropriate level Secretary shall establish in regulations. specified in the permanency plan for the of care for the child in the least restrictive child. ‘‘(C) EXCLUSIONS.—The term shall not in- environment and be consistent with the ‘‘(D)(i) Subject to clause (ii), in this sub- clude detention facilities, forestry camps, short- and long-term goals for the child, as training schools, or any other facility oper- section, the term ‘qualified individual’ specified in the permanency plan for the means a trained professional or licensed cli- ated primarily for the detention of children child; and nician who is not an employee of the State who are determined to be delinquent.’’. ‘‘(iii) develop a list of child-specific short- agency and who is not connected to, or affili- (c) TRAINING FOR STATE JUDGES, ATTOR- and long-term mental and behavioral health ated with, any placement setting in which NEYS, AND OTHER LEGAL PERSONNEL IN CHILD goals. children are placed by the State. WELFARE CASES.—Section 438(b)(1) of such ‘‘(B)(i) The State shall assemble a family ‘‘(ii) The Secretary may approve a request Act (42 U.S.C. 629h(b)(1)) is amended in the and permanency team for the child in ac- of a State to waive any requirement in matter preceding subparagraph (A) by insert- cordance with the requirements of clauses clause (i) upon a submission by the State, in ing ‘‘shall provide for the training of judges, (ii) and (iii). The qualified individual con- accordance with criteria established by the attorneys, and other legal personnel in child ducting the assessment required under sub- Secretary, that certifies that the trained welfare cases on Federal child welfare poli- paragraph (A) shall work in conjunction with professionals or licensed clinicians with re- cies and payment limitations with respect to the family of, and permanency team for, the sponsibility for performing the assessments children in foster care who are placed in set- child while conducting and making the as- described in subparagraph (A) shall maintain tings that are not a foster family home,’’ sessment. objectivity with respect to determining the after ‘‘with respect to the child,’’. ‘‘(ii) The family and permanency team most effective and appropriate placement for (d) ASSURANCE OF NONIMPACT ON JUVENILE shall consist of all appropriate biological a child. JUSTICE SYSTEM.— family members, relative, and fictive kin of ‘‘(2) Within 60 days of the start of each (1) STATE PLAN REQUIREMENT.—Section the child, as well as, as appropriate, profes- placement in a qualified residential treat- 471(a) of such Act (42 U.S.C. 671(a)), as sionals who are a resource to the family of ment program, a family or juvenile court or amended by section 131, is further amended the child, such as teachers, medical or men- another court (including a tribal court) of by adding at the end the following: tal health providers who have treated the competent jurisdiction, or an administrative ‘‘(37) includes a certification that, in re- child, or clergy. In the case of a child who body appointed or approved by the court, sponse to the limitation imposed under sec- has attained age 14, the family and perma- independently, shall— tion 472(k) with respect to foster care main- nency team shall include the members of the ‘‘(A) consider the assessment, determina- tenance payments made on behalf of any permanency planning team for the child that tion, and documentation made by the quali- child who is placed in a setting that is not a are selected by the child in accordance with fied individual conducting the assessment foster family home, the State will not enact section 475(5)(C)(iv). under paragraph (1); or advance policies or practices that would ‘‘(iii) The State shall document in the ‘‘(B) determine whether the needs of the result in a significant increase in the popu- child’s case plan— child can be met through placement in a fos- lation of youth in the State’s juvenile justice ‘‘(I) the reasonable and good faith effort of ter family home or, if not, whether place- system.’’. the State to identify and include all such in- ment of the child in a qualified residential (2) GAO STUDY AND REPORT.—The Comp- dividuals on the family of, and permanency treatment program provides the most effec- troller General of the United States shall team for, the child; tive and appropriate level of care for the evaluate the impact, if any, on State juve- ‘‘(II) all contact information for members child in the least restrictive environment nile justice systems of the limitation im- of the family and permanency team, as well and whether that placement is consistent posed under section 472(k) of the Social Se- as contact information for other family with the short- and long-term goals for the curity Act (as added by section 201(a)(1)) on members and fictive kin who are not part of child, as specified in the permanency plan foster care maintenance payments made on the family and permanency team; for the child; and behalf of any child who is placed in a setting ‘‘(III) evidence that meetings of the family ‘‘(C) approve or disapprove the placement. that is not a foster family home, in accord- and permanency team, including meetings ‘‘(3) The written documentation made ance with the amendments made by sub- relating to the assessment required under under paragraph (1)(C) and documentation of sections (a) and (b) of this section. In par- subparagraph (A), are held at a time and the determination and approval or dis- ticular, the Comptroller General shall evalu- place convenient for family; approval of the placement in a qualified resi- ate the extent to which children in foster ‘‘(IV) if reunification is the goal, evidence dential treatment program by a court or ad- care who also are subject to the juvenile jus- demonstrating that the parent from whom ministrative body under paragraph (2) shall tice system of the State are placed in a facil- the child was removed provided input on the be included in and made part of the case plan ity under the jurisdiction of the juvenile jus- members of the family and permanency for the child. tice system and whether the lack of avail- team; ‘‘(4) As long as a child remains placed in a able congregate care placements under the ‘‘(V) evidence that the assessment required qualified residential treatment program, the jurisdiction of the child welfare systems is a under subparagraph (A) is determined in con- State agency shall submit evidence at each contributing factor to that result. Not later junction with the family and permanency status review and each permanency hearing than December 31, 2023, the Comptroller Gen- team; held with respect to the child—

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00121 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.117 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7052 CONGRESSIONAL RECORD — SENATE December 9, 2016 ‘‘(A) demonstrating that ongoing assess- Beginning on page 14, strike line 18 and all commerce or within the special maritime ment of the strengths and needs of the child that follows through page 15, line 9, and in- and territorial jurisdiction of the United continues to support the determination that sert the following: States. the needs of the child cannot be met through ‘‘ ‘(iv) GENERAL FUND TRANSFER.—If the ‘‘(2) CREATION OF ANIMAL CRUSH VIDEOS.—It placement in a foster family home, that the transfer under this subparagraph for fiscal shall be unlawful for any person to know- placement in a qualified residential treat- year 2017 (after any adjustment under para- ingly create an animal crush video, if— ment program provides the most effective graph (5)) is insufficient to pay health bene- ‘‘(A) the person intends or has reason to and appropriate level of care for the child in fits under the plan for such year, including know that the animal crush video will be dis- the least restrictive environment, and that benefits of the individuals referred to in tributed in, or using a means or facility of, the placement is consistent with the short- clause (ii)(II)(bb) for the period described in interstate or foreign commerce; or and long-term goals for the child, as speci- clause (ii)(II), the Secretary of the Treasury ‘‘(B) the animal crush video is distributed fied in the permanency plan for the child; shall transfer to the Plan out of the general in, or using a means or facility of, interstate ‘‘(B) documenting the specific treatment fund of the Treasury an amount sufficient to or foreign commerce. or service needs that will be met for the pay such benefits.’. ‘‘(3) DISTRIBUTION OF ANIMAL CRUSH VID- child in the placement and the length of ‘‘(c) CONFORMING AMENDMENT.—Subpara- EOS.—It shall be unlawful for any person to time the child is expected to need the treat- graph (B) of section 402(h)(1) of the Surface knowingly sell, market, advertise, exchange, ment or services; and Mining Control and Reclamation Act of 1977 or distribute an animal crush video in, or ‘‘(C) documenting the efforts made by the (30 U.S.C. 1232(h)(1)) is amended by inserting using a means or facility of, interstate or State agency to prepare the child to return ‘(except as provided in paragraph (2)(C)(iv))’ foreign commerce. home or to be placed with a fit and willing after ‘not to exceed’. ‘‘(b) EXTRATERRITORIAL APPLICATION.—This relative, a legal guardian, or an adoptive section applies to the knowing sale, mar- parent, or in a foster family home. SA 5167. Mr. DURBIN submitted an keting, advertising, exchange, distribution, ‘‘(5) In the case of any child who is placed amendment intended to be proposed by or creation of an animal crush video outside in a qualified residential treatment program him to the bill H.R. 2028, making ap- of the United States, if— for more than 12 consecutive months or 18 propriations for energy and water de- ‘‘(1) the person engaging in such conduct nonconsecutive months (or, in the case of a intends or has reason to know that the ani- velopment and related agencies for the mal crush video will be transported into the child who has not attained age 13, for more fiscal year ending September 30, 2016, than 6 consecutive or nonconsecutive United States or its territories or posses- months), the State agency shall submit to and for other purposes; which was or- sions; or the Secretary— dered to lie on the table; as follows: ‘‘(2) the animal crush video is transported ‘‘(A) the most recent versions of the evi- At the appropriate place, insert the fol- into the United States or its territories or dence and documentation specified in para- lowing: possessions. graph (4); and SEC. ll. Notwithstanding sections 101 and ‘‘(c) PENALTIES.—Whoever violates this ‘‘(B) the signed approval of the head of the 102, within amounts appropriated for the De- section shall be fined under this title, im- State agency for the continued placement of partment of Defense for ‘‘Defense Health prisoned for not more than 7 years, or both. ‘‘(d) EXCEPTIONS.— the child in that setting.’’. Program’’, $1,832,000,000 shall be available only for the Congressionally Directed Med- ‘‘(1) IN GENERAL.—This section does not SEC. 203. PROTOCOLS TO PREVENT INAPPRO- apply with regard to any conduct, or a visual PRIATE DIAGNOSES. ical Research Program for research, development, test, and evaluation. depiction of that conduct, that is— (a) STATE PLAN REQUIREMENT.—Section ‘‘(A) a customary and normal veterinary, 422(b)(15)(A) of the Social Security Act (42 SA 5168. Mr. DURBIN submitted an agricultural husbandry, or other animal U.S.C. 622(b)(15)(A)) is amended— amendment intended to be proposed by management practice; (1) in clause (vi), by striking ‘‘and’’ after ‘‘(B) the slaughter of animals for food; the semicolon; him to the bill H.R. 2028, making ap- ‘‘(C) hunting, trapping, fishing, a sporting (2) by redesignating clause (vii) as clause propriations for energy and water de- activity not otherwise prohibited by Federal (viii); and velopment and related agencies for the law, predator control, or pest control; (3) by inserting after clause (vi) the fol- fiscal year ending September 30, 2016, ‘‘(D) medical or scientific research; lowing: and for other purposes; which was or- ‘‘(E) necessary to protect the life or prop- ‘‘(vii) the procedures and protocols the dered to lie on the table; as follows: erty of a person; or State has established to ensure that children At the appropriate place, insert the fol- ‘‘(F) performed as part of euthanizing an in foster care placements are not inappropri- lowing: animal. ately diagnosed with mental illness, other ‘‘(2) GOOD-FAITH DISTRIBUTION.—This sec- SEC. ll. Notwithstanding sections 101 and emotional or behavioral disorders, medically 102, within amounts appropriated for the De- tion does not apply to the good-faith dis- fragile conditions, or developmental disabil- partment of Defense for ‘‘Procurement, De- tribution of an animal crush video to— ities, and placed in settings that are not fos- fense-Wide’’ and ‘‘Research, Development, ‘‘(A) a law enforcement agency; or ter family homes as a result of the inappro- Test and Evaluation, Defense-Wide’’, an ag- ‘‘(B) a third party for the sole purpose of priate diagnoses; and’’. gregate of $600,735,000 shall be available for analysis to determine if referral to a law en- (b) EVALUATION.—Section 476 of such Act Israeli Cooperative Programs: Provided, That forcement agency is appropriate. (42 U.S.C. 676), as amended by section 111(d), the availability of such amount for such Pro- ‘‘(3) UNINTENTIONAL CONDUCT.—This section is further amended by adding at the end the grams shall be subject to the same authority does not apply to unintentional conduct that following: and conditions as are provided in the Depart- injures or kills an animal. ‘‘(e) EVALUATION OF STATE PROCEDURES ment of Defense Appropriations Act, 2016 (di- ‘‘(4) CONSISTENCY WITH RFRA.—This section AND PROTOCOLS TO PREVENT INAPPROPRIATE vision C of Public Law 114–113) with respect shall be enforced in a manner that is con- DIAGNOSES OF MENTAL ILLNESS OR OTHER to the availability of amounts in that Act sistent with section 3 of the Religious Free- CONDITIONS.—The Secretary shall conduct an for such Programs. dom Restoration Act of 1993 (42 U.S.C. evaluation of the procedures and protocols 2000bb–1). established by States in accordance with the SA 5169. Mr. BOOZMAN (for Mr. ‘‘(e) NO PREEMPTION.—Nothing in this section shall be construed to preempt the law of requirements of section 422(b)(15)(A)(vii). TOOMEY) proposed an amendment to any State or local subdivision thereof to pro- The evaluation shall analyze the extent to the bill S. 1831, to revise section 48 of tect animals. which States comply with and enforce the title 18, United States Code, and for ‘‘(f) DEFINITIONS.—In this section— procedures and protocols and the effective- other purposes; as follows: ‘‘(1) the term ‘animal crushing’ means ac- ness of various State procedures and proto- tual conduct in which one or more living cols and shall identify best practices. Not Strike all after the enacting clause and insert the following: non-human mammals, birds, reptiles, or am- later than January 1, 2019, the Secretary phibians is purposely crushed, burned, SECTION 1. SHORT TITLE. shall submit a report on the results of the drowned, suffocated, impaled, or otherwise This Act may be cited as the ‘‘Preventing evaluation to Congress.’’. subjected to serious bodily injury (as defined Animal Cruelty and Torture Act’’ or the in section 1365 and including conduct that, if ‘‘PACT Act’’. SA 5166. Mr. PORTMAN (for himself committed against a person and in the spe- SEC. 2. REVISION OF SECTION 48. and Mrs. CAPITO) submitted an amend- cial maritime and territorial jurisdiction of (a) IN GENERAL.—Section 48 of title 18, ment intended to be proposed by him the United States, would violate section 2241 United States Code, is amended to read as or 2242); to the bill H.R. 2028, making appropria- follows: tions for energy and water develop- ‘‘(2) the term ‘animal crush video’ means ‘‘§ 48. Animal crushing any photograph, motion-picture film, video ment and related agencies for the fiscal ‘‘(a) OFFENSES.— or digital recording, or electronic image year ending September 30, 2016, and for ‘‘(1) CRUSHING.—It shall be unlawful for that— other purposes; which was ordered to any person to purposely engage in animal ‘‘(A) depicts animal crushing; and lie on the table; as follows: crushing in or affecting interstate or foreign ‘‘(B) is obscene; and

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00122 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.117 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7053 ‘‘(3) the term ‘euthanizing an animal’ ‘‘(A) to assist in the cleanup and response ‘‘(4) The term ‘senior executive position’ means the humane destruction of an animal required by the severe marine debris event; has the meaning given such term in section accomplished by a method that— or 713(g) of this title. ‘‘(A) produces rapid unconsciousness and ‘‘(B) such other activity as the Adminis- ‘‘(5) The term ‘service’ has the meaning subsequent death without evidence of pain or trator determines is appropriate in response given such term in section 8331 or 8401 of distress; or to the severe marine debris event. title 5, as the case may be.’’. ‘‘(B) uses anesthesia produced by an agent ‘‘(3) FEDERAL SHARE.—The Federal share of (b) APPLICATION.—Section 715 of such title, that causes painless loss of consciousness the cost of any activity carried out under as added by subsection (a), shall apply to any and subsequent death.’’. the authority of this subsection shall not ex- action of removal or transfer from a covered (b) TECHNICAL AND CONFORMING AMEND- ceed 75 percent of the cost of that activity.’’. position (as defined in subsection (e) of such MENT.—The table of sections for chapter 3 of SEC. 4. SENSE OF CONGRESS ON INTERNATIONAL section) at the Department of Veterans Af- title 18, United States Code, is amended by ENGAGEMENT TO RESPOND TO MA- fairs commencing on or after the date of the striking the item relating to section 48 and RINE DEBRIS. enactment of this Act. inserting the following: It is the sense of Congress that the Presi- (c) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is ‘‘48. Animal crushing.’’. dent should— (1) work with representatives of foreign amended by adding at the end the following new item: SA 5170. Mr. BOOZMAN (for Mr. countries that produce the largest amounts ‘‘715. Senior executives and section 7401(1) PERDUE) proposed an amendment to of unmanaged municipal solid waste that reaches the ocean to learn about, and find employees: reduction of bene- the bill S. 2781, to improve homeland fits of individuals convicted of security, including domestic prepared- solutions to, the contributions of such countries to marine debris in the world’s oceans; a felony.’’. ness and response to terrorism, by re- (2) carry out studies to determine— SEC. 3. LIMITATION ON ADMINISTRATIVE LEAVE forming Federal Law Enforcement (A) the primary means by which solid FOR EMPLOYEES OF DEPARTMENT Training Centers to provide training to waste enters the oceans; OF VETERANS AFFAIRS. (a) IN GENERAL.—Chapter 7 of title 38, first responders, and for other pur- (B) the manner in which waste manage- United States Code, is further amended by ment infrastructure can be most effective in poses; as follows: adding at the end the following new section: On page 3, line 15, insert ‘‘delegated’’ after preventing debris from reaching the oceans; (C) the long-term economic impacts of ma- ‘‘§ 717. Administrative leave limitation and re- ‘‘carry out’’. port On page 4, strike lines 1 through 8 and in- rine debris on the national economies of each ‘‘(a) LIMITATION APPLICABLE TO EMPLOYEES sert the following: country set out in paragraph (1) and on the WITHIN THE DEPARTMENT.—(1) The Secretary ‘‘(B) maximizes opportunities for small global economy; and may not place any covered individual on ad- business participation; (D) the economic benefits of decreasing the ministrative leave for more than a total of 14 On page 11, beginning on line 20, strike amount of marine debris in the oceans; (3) work with representatives of foreign business days during any 365-day period. ‘‘and to compensate such employees for time ‘‘(2)(A) The Secretary may waive the limi- spent traveling from their homes to work countries that produce the largest amounts of unmanaged municipal solid waste that tation under paragraph (1) and extend the pe- sites’’. riod of administrative leave of a covered in- reaches the ocean to conclude one or more dividual if the Secretary submits to the new international agreements— SA 5171. Mr. BOOZMAN (for Mr. Committee on Veterans’ Affairs of the Sen- (A) to mitigate the risk of land-based ma- PERDUE) proposed an amendment to ate and the Committee on Veterans’ Affairs rine debris contributed by such countries the bill H.R. 3842, to improve homeland of the House of Representatives a detailed reaching an ocean; and security, including domestic prepared- explanation of the reasons the covered indi- (B) to increase technical assistance and in- vidual was placed on administrative leave ness and response to terrorism, by re- vestment in waste management infrastruc- forming Federal Law Enforcement and the reasons for the extension of such ture, if the President determines appro- leave. Training Centers to provide training to priate; and ‘‘(B) Such explanation shall include the po- first responders, and for other pur- (4) consider the benefits and appropriate- sition of the covered individual and the loca- poses; as follows: ness of having a senior official of the Depart- tion where the covered individual is em- On page 3, line 19, insert ‘‘delegated’’ after ment of State serve as a permanent member ployed. ‘‘carry out’’. of the Interagency Marine Debris Coordi- ‘‘(3) In this subsection, the term ‘covered On page 4, strike lines 5 through 12 and in- nating Committee established under section individual’ means an employee of the De- sert the following: 5 of the Marine Debris Act (33 U.S.C. 1954). partment, including an employee in a senior ‘‘(B) maximizes opportunities for small executive position (as defined in section business participation; SA 5173. Mr. BOOZMAN (for Mr. 713(g) of this title)— On page 11, beginning on line 25, strike MORAN) proposed an amendment to the ‘‘(A) who is subject to an investigation for ‘‘and to compensate such employees for time bill S. 290, to amend title 38, United purposes of determining whether such indi- spent traveling from their homes to work States Code, to improve the account- vidual should be subject to any disciplinary sites’’. action under this title or title 5; or ability of employees of the Department ‘‘(B) against whom any disciplinary action of Veterans Affairs, and for other pur- SA 5172. Mr. BOOZMAN (for Mr. SUL- is proposed or initiated under this title or poses; as follows: title 5. LIVAN) proposed an amendment to the ‘‘(b) REPORT ON ADMINISTRATIVE LEAVE.— bill S. 3086, to reauthorize and amend Strike all after the enacting clause and insert the following: (1) Not later than 30 days after the end of the Marine Debris Act to promote SECTION 1. SHORT TITLE. each fiscal year, the Secretary shall submit international action to reduce marine to the Committee on Veterans’ Affairs of the This Act may be cited as the ‘‘Increasing Senate and the Committee on Veterans’ Af- debris and for other purposes; as fol- the Department of Veterans Affairs Account- fairs of the House of Representatives a re- lows: ability to Veterans Act of 2016’’. port listing the position of each employee of At the appropriate place, insert the fol- ‘‘(e) DEFINITIONS.—In this section: the Department (if any) who has been placed lowing: ‘‘(1) The term ‘covered position’ is— on administrative leave for a period longer SEC. 3. ASSISTANCE FOR SEVERE MARINE DE- ‘‘(A) a senior executive position; or than 14 business days during such fiscal year. BRIS EVENTS. ‘‘(B) a position listed in section 7401(1) of ‘‘(2) Each report submitted under para- Section 3 of the Marine Debris Act (33 this title that is not a senior executive posi- graph (1) shall include, with respect to each U.S.C. 1952) is amended by adding at the end tion. employee listed in such report, the fol- the following new subsection: ‘‘(2) The term ‘covered service’ means, with lowing: ‘‘(d) ASSISTANCE FOR SEVERE MARINE DE- respect to an individual subject to a removal ‘‘(A) The position occupied by the em- BRIS EVENTS.— or transfer from a covered position at the ployee. ‘‘(1) IN GENERAL.—At the discretion of the Department for performance or misconduct, ‘‘(B) The number of business days of such Administrator or at the request of the Gov- the period of service beginning on the date leave. ernor of an affected State, the Administrator that the Secretary determines that such in- ‘‘(C) The reason that such employee was shall determine whether there is a severe dividual engaged in activity that gave rise to placed on such leave. marine debris event. such action and ending on the date that such ‘‘(3) In submitting each report under para- ‘‘(2) ASSISTANCE.—If the Administrator individual is removed from the civil service graph (1), the Secretary shall take such makes a determination under paragraph (1) or leaves employment at the Department measures to protect the privacy of the em- that there is a severe marine debris event, prior to the issuance of a final decision with ployees listed in the report as the Secretary the Administrator is authorized to make respect to such action, as the case may be. considers appropriate. sums available to be used by the affected ‘‘(3) The term ‘lump-sum credit’ has the ‘‘(c) ADMINISTRATIVE LEAVE DEFINED.—In State or by the Administrator in cooperation meaning given such term in section 8331 or this section, the term ‘administrative with the affected State— 8401 of title 5, as the case may be. leave’—

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00123 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.136 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7054 CONGRESSIONAL RECORD — SENATE December 9, 2016

‘‘(1) means an administratively authorized (2) LIMITATION ON EMPLOYMENT AFTER PRO- under title 38’’ after ‘‘chapter 43 of this absence from duty without loss of pay or BATIONARY PERIOD.— title’’. charge to leave for which the employee is (A) IN GENERAL.—Except as provided in SEC. 8. WRITTEN OPINION ON CERTAIN EMPLOY- placed due to an investigation on or for subparagraph (B), no employee of the De- MENT RESTRICTIONS AFTER TERMI- whom any disciplinary action is proposed or partment serving a probationary period as NATING EMPLOYMENT WITH THE initiated; and described in paragraph (1) may complete DEPARTMENT OF VETERANS AF- ‘‘(2) includes any type of paid non-duty sta- that probationary period unless and until FAIRS. (a) IN GENERAL.—Chapter 7 of title 38, tus without a charge to leave.’’. the supervisor of the employee, or another United States Code, is further amended by (b) APPLICATION.— supervisor capable of making the requisite adding at the end the following new section: (1) ADMINISTRATIVE LEAVE LIMITATION.— determination, has made an affirmative de- Subsection (a) of section 717 of title 38, termination under such paragraph. ‘‘§ 719. Written opinion on certain employ- United States Code (as added by subsection (B) PROBATIONARY PERIOD DEEMED COM- ment restrictions after terminating employ- (a)), shall apply to any period of administra- PLETED.— ment with the Department tive leave (as defined in such section) com- (i) NO DETERMINATION.—If no determination ‘‘(a) IN GENERAL.—Before terminating em- mencing on or after the date of the enact- under paragraph (1) is made with respect to ployment with the Department, any official ment of this Act. an employee before the end of the 60-day pe- of the Department who has participated per- (2) REPORT.—The report under section riod following the end of the 30-day period sonally and substantially during the one- 717(b) of such title (as added by subsection specified in such paragraph, the employee year period ending on the date of the termi- (a)) shall apply beginning in the first quarter shall be deemed to have completed the pro- nation in an acquisition by the Department that ends after the date that is 180 days after bationary period of the employee effective as that exceeds $10,000,000 shall obtain a written the date of the enactment of this Act. of the end of that 60-day period. opinion from an appropriate ethics counselor (c) CLERICAL AMENDMENT.—The table of (ii) RETROACTIVE EFFECT OF DETERMINA- at the Department regarding any restric- sections at the beginning of chapter 7 of such TION.—If an affirmative determination under tions on activities that the official may un- title is further amended by adding at the end paragraph (1) is made with respect to an em- dertake on behalf of a covered contractor the following new item: ployee after the end of the 30-day period during the two-year period beginning on the ‘‘717. Administrative leave limitation and re- specified in such paragraph, the employee date on which the official terminates such port.’’. shall be deemed to have completed the pro- employment. SEC. 4. ACCOUNTABILITY OF LEADERS FOR MAN- bationary period of the employee effective as ‘‘(b) COVERED CONTRACTOR DEFINED.—In AGING THE DEPARTMENT OF VET- of the end of that 30-day period. this section, the term ‘covered contractor’ means a contractor carrying out a contract ERANS AFFAIRS. (3) NOTIFICATION TO CONGRESS REGARDING entered into with the Department, including (a) IN GENERAL.—Chapter 7 of title 38, DETERMINATIONS.—Not less frequently than United States Code, is amended by inserting monthly, the Secretary shall notify the pursuant to a subcontract.’’. (b) CLERICAL AMENDMENT.—The table of after section 709 the following new section: Committee on Veterans’ Affairs of the Sen- sections at the beginning of chapter 7 of such ‘‘§ 710. Annual performance plan for political ate and the Committee on Veterans’ Affairs title is further amended by inserting after appointees of the House of Representatives regarding— the item relating to section 717 the following ‘‘(a) IN GENERAL.—The Secretary shall con- (A) each instance during such month in new item: duct an annual performance plan for each po- which a supervisor did not make a deter- litical appointee of the Department that is mination required under paragraph (1) dur- ‘‘719. Written opinion on certain employment similar to the annual performance plan con- ing the period required in such paragraph; restrictions after leaving the ducted for an employee of the Department and Department.’’. who is appointed as a career appointee (as (B) each such instance included in a pre- SEC. 9. REQUIREMENT FOR CONTRACTORS OF that term is defined in section 3132(a)(4) of vious notification under this paragraph for THE DEPARTMENT EMPLOYING CER- title 5) within the Senior Executive Service TAIN RECENTLY SEPARATED DE- which the supervisor still has not made such PARTMENT EMPLOYEES. at the Department. a determination. ‘‘(b) ELEMENTS OF PLAN.—Each annual per- (a) IN GENERAL.—Subchapter II of chapter (b) SUPERVISORS.—With respect to any em- 81 of title 38, United States Code, is amended formance plan conducted under subsection ployee of the Department who is serving a (a) with respect to a political appointee of by adding at the end the following new sec- probationary period in a supervisory position tion: the Department shall include, to the extent at the Department, successful performance applicable, an assessment of whether the ap- under subsection (a) shall include dem- ‘‘§ 8129. Requirement for contractors employ- pointee is meeting the following goals: onstrating management competencies in ad- ing certain recently separated Department ‘‘(1) Recruiting, selecting, and retaining dition to the technical skills required for employees well-qualified individuals for employment at such position. ‘‘(a) IN GENERAL.—A covered contractor the Department. (c) PERFORMANCE PLAN.—Each annual per- may not knowingly provide compensation to ‘‘(2) Engaging and motivating employees. formance plan conducted for a supervisor of an individual described in subsection (b) dur- ‘‘(3) Training and developing employees an employee serving a probationary period ing the two-year period beginning on the and preparing those employees for future shall hold the supervisor accountable for— date on which the individual terminates em- leadership roles within the Department. (1) providing regular feedback to such employment with the Department unless the ‘‘(4) Holding each employee of the Depart- ployee during such period before making a covered contractor determines that the indi- ment that is a manager accountable for ad- determination under subsection (a) regard- vidual— dressing issues relating to performance, in ing the probationary status of such em- ‘‘(1) has obtained the written opinion re- particular issues relating to the performance ployee; and quired under section 719(a) of this title; or of employees that report to the manager.’’. (2) making a timely determination under ‘‘(2) has requested such written opinion not (b) CLERICAL AMENDMENT.—The table of subsection (a) regarding the probationary later than 30 days before receiving com- sections at the beginning of chapter 7 of such status of such employee. pensation from the covered contractor. title is further amended by inserting after (d) SUPERVISOR DEFINED.—In this section, ‘‘(b) INDIVIDUAL DESCRIBED.—An individual the item relating to section 709 the following the term ‘‘supervisor’’ has the meaning given described in this subsection is any official of new item: such term in section 7103(a) of title 5, United the Department who participated personally ‘‘710. Annual performance plan for political States Code. and substantially during the one-year period appointees.’’. SEC. 6. ACCOUNTABILITY OF MANAGERS FOR AD- ending on the date of the termination indi- SEC. 5. ACCOUNTABILITY OF SUPERVISORS AT DRESSING PERFORMANCE OF EM- vidual’s employment with the Department in DEPARTMENT OF VETERANS AF- PLOYEES. an acquisition by the Department that ex- FAIRS FOR HIRING WELL-QUALIFIED The Secretary of Veterans Affairs shall en- ceeds $10,000,000. PEOPLE. sure that, as a part of the annual perform- ‘‘(c) COVERED CONTRACTOR DEFINED.—In (a) ASSESSMENT DURING PROBATIONARY PE- ance plan of an employee of the Department this section, the term ‘covered contractor’ RIOD.— of Veterans Affairs who is a manager, the means a contractor carrying out a contract (1) DETERMINATION REQUIRED.—With re- manager is evaluated on the following: entered into with the Department, including spect to any employee of the Department of (1) Taking action to address poor perform- pursuant to a subcontract.’’. Veterans Affairs who is required to serve a ance and misconduct among the employees (b) APPLICATION.—The requirement under probationary period in a position in the De- that report to the manager. section 8129(a) of title 38, United States partment, the Secretary of Veterans Affairs (2) Taking steps to improve or sustain high Code, as added by subsection (a), shall apply shall require the supervisor of such employee levels of employee engagement. with respect to any entity that enters into a to determine, during the 30-day period end- SEC. 7. EXPANSION OF DEFINITION OF PER- contract with the Department on or after ing on the date on which the probationary SONNEL ACTION TO INCLUDE PER- the date of the enactment of this Act. period ends, whether the employee— FORMANCE EVALUATIONS OF EM- (c) CLERICAL AMENDMENT.—The table of (A) has demonstrated successful perform- PLOYEES OF THE DEPARTMENT OF sections at the beginning of chapter 81 of ance; and VETERANS AFFAIRS. such title is amended by inserting after the (B) should continue past the probationary Section 2302(a)(2)(A)(viii) of title 5, United item relating to section 8128 the following period. States Code, is amended by inserting ‘‘or new item:

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00124 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.134 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7055 ‘‘8129. Requirement for contractors employ- understood to protect theistic and non-the- (5) in paragraph (16), as redesignated— ing certain recently separated istic beliefs and the right not to profess or (A) in subparagraph (A)— Department employees.’’. practice any religion.’’ before ‘‘Govern- (i) by redesignating clauses (iv) and (v) as ments’’; clauses (v) and (vi), respectively; and SA 5174. Mr. PORTMAN (for Mr. (2) in paragraph (4), by adding at the end (ii) by inserting after clause (iii) the fol- HATCH) proposed an amendment to the the following: ‘‘A policy or practice of rou- lowing: concurrent resolution S. Con. Res. 57, tinely denying applications for visas for reli- ‘‘(iv) not professing a particular religion, honoring in praise and remembrance gious workers in a country can be indicative or any religion;’’; and (B) in subparagraph (B)— the extraordinary life, steady leader- of a poor state of religious freedom in that country.’’; and (i) by inserting ‘‘conscience, non-theistic ship, and remarkable, 70-year reign of (3) in paragraph (6)— views, or’’ before ‘‘religious belief or prac- King Bhumibol Adulyadej of Thailand; (A) by inserting ‘‘and the specific targeting tice’’; and as follows: of non-theists, humanists, and atheists be- (ii) by inserting ‘‘forcibly compelling non- In the 8th whereas clause, strike ‘‘2006’’ cause of their beliefs’’ after ‘‘religious perse- believers or non-theists to recant their be- and insert ‘‘2009’’. cution’’; and liefs or to convert,’’ after ‘‘forced religious (B) by inserting ‘‘and in regions where non- conversion,’’. SA 5175. Mr. PORTMAN (for Mr. state actors exercise significant political TITLE I—DEPARTMENT OF STATE CORKER) proposed an amendment to the power and territorial control’’ before the pe- ACTIVITIES bill H.R. 1150, to amend the Inter- riod at the end. SEC. 101. OFFICE ON INTERNATIONAL RELIGIOUS national Religious Freedom Act of 1998 (b) POLICY.—Section 2(b) of the Inter- FREEDOM; AMBASSADOR AT LARGE FOR INTERNATIONAL RELIGIOUS to improve the ability of the United national Religious Freedom Act of 1998 (22 U.S.C. 6401(b)) is amended— FREEDOM. States to advance religious freedom (1) by redesignating paragraphs (1) through (a) IN GENERAL.—Section 101 of the Inter- globally through enhanced diplomacy, (5) as subparagraphs (A) through (E); national Religious Freedom Act of 1998 (22 training, counterterrorism, and foreign (2) by striking the matter preceding sub- U.S.C. 6411) is amended— assistance efforts, and through strong- paragraph (A), as redesignated, and inserting (1) in subsection (b), by inserting ‘‘, and er and more flexible political responses the following: shall report directly to the Secretary of State’’ before the period at the end; ‘‘(1) IN GENERAL.—The following shall be to religious freedom violations and vio- (2) in subsection (c)— lent extremism worldwide, and for the policy of the United States:’’; and (3) by adding at the end the following: (A) in paragraph (1)— other purposes; as follows: (i) by striking ‘‘responsibility’’ and insert- ‘‘(2) EVOLVING POLICIES AND COORDINATED ing ‘‘responsibilities’’; Strike all after the enacting clause and in- DIPLOMATIC RESPONSES.—Because the pro- sert the following: motion of international religious freedom (ii) by striking ‘‘shall be to advance’’ and inserting the following: ‘‘shall be to— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. protects human rights, advances democracy ‘‘(A) advance’’; (a) SHORT TITLE.—This Act may be cited as abroad, and advances United States interests (iii) in subparagraph (A), as redesignated, the ‘‘Frank R. Wolf International Religious in stability, security, and development glob- by striking the period at the end and insert- Freedom Act’’. ally, the promotion of international reli- ing ‘‘; and’’; and (b) TABLE OF CONTENTS.—The table of con- gious freedom requires new and evolving (iv) by adding at the end the following: tents for this Act is as follows: policies and diplomatic responses that— ‘‘(B) integrate United States international Sec. 1. Short title; table of contents. ‘‘(A) are drawn from the expertise of the religious freedom policies and strategies into Sec. 2. Findings; policy; sense of Congress. national security agencies, the diplomatic the foreign policy efforts of the United Sec. 3. Definitions. services, and other governmental agencies States.’’; TITLE I—DEPARTMENT OF STATE and nongovernmental organizations; and (B) in paragraph (2), by inserting ‘‘the prin- ACTIVITIES ‘‘(B) are coordinated across and carried out cipal adviser to’’ before ‘‘the Secretary of Sec. 101. Office on International Religious by the entire range of Federal agencies.’’. State’’; Freedom; Ambassador at Large (c) SENSE OF CONGRESS.—It is the sense of (C) in paragraph (3)— for International Religious Congress that— (i) in subparagraph (A), by striking ‘‘and’’ Freedom. (1) a policy or practice by the government at the end; Sec. 102. Annual Report on International of any foreign country of routinely denying (ii) in subparagraph (B), by striking the pe- Religious Freedom. visa applications for religious workers can riod at the end and inserting ‘‘; and’’; and Sec. 103. Training for Foreign Service offi- be indicative of a poor state of religious free- (iii) by adding at the end the following: cers. dom in that country; and ‘‘(C) contacts with nongovernmental orga- Sec. 104. Prisoner lists and issue briefs on (2) the United States Government should nizations that have an impact on the state of religious freedom concerns. seek to reverse any such policy by reviewing religious freedom in their respective soci- TITLE II—NATIONAL SECURITY COUNCIL the entirety of the bilateral relationship be- eties or regions, or internationally.’’; tween such country and the United States. Sec. 201. Special Adviser for International (D) by redesignating paragraph (4) as para- Religious Freedom. SEC. 3. DEFINITIONS. graph (5); and Section 3 of the International Religious (E) by inserting after paragraph (3) the fol- TITLE III—PRESIDENTIAL ACTIONS Freedom Act of 1998 (22 U.S.C. 6402) is lowing: Sec. 301. Non-state actor designations. amended— ‘‘(4) COORDINATION RESPONSIBILITIES.—In Sec. 302. Presidential actions in response to (1) by redesignating paragraph (13) as para- order to promote religious freedom as an in- particularly severe violations graph (16); terest of United States foreign policy, the of religious freedom. (2) by redesignating paragraphs (10), (11), Ambassador at Large— Sec. 303. Report to Congress. and (12) as paragraphs (12), (13), and (14), re- ‘‘(A) shall coordinate international reli- Sec. 304. Presidential waiver. spectively; gious freedom policies across all programs, Sec. 305. Publication in the Federal Reg- (3) by inserting after paragraph (9) the fol- projects, and activities of the United States; ister. lowing: and TITLE IV—PROMOTION OF RELIGIOUS ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— ‘‘(B) should participate in any interagency FREEDOM The term ‘institution of higher education’ processes on issues in which the promotion Sec. 401. Assistance for promoting religious has the meaning given that term in section of international religious freedom policy can freedom. 101 of the Higher Education Act of 1965 (20 advance United States national security in- TITLE V—DESIGNATED PERSONS LIST U.S.C. 1001). terests, including in democracy promotion, FOR PARTICULARLY SEVERE VIOLA- ‘‘(11) NON-STATE ACTOR.—The term ‘non- stability, security, and development glob- TIONS OF RELIGIOUS FREEDOM state actor’ means a nonsovereign entity ally.’’; and that— Sec. 501. Designated Persons List for Par- (3) in subsection (d), by striking ‘‘staff for ‘‘(A) exercises significant political power ticularly Severe Violations of the Office’’ and all that follows and inserting and territorial control; Religious Freedom. ‘‘appropriate staff for the Office, including ‘‘(B) is outside the control of a sovereign full-time equivalent positions and other tem- TITLE VI—MISCELLANEOUS PROVISIONS government; and porary staff positions needed to compile, Sec. 601. Miscellaneous provisions. ‘‘(C) often employs violence in pursuit of edit, and manage the Annual Report under Sec. 602. Clerical amendments. its objectives.’’; the direct supervision of the Ambassador at SEC. 2. FINDINGS; POLICY; SENSE OF CONGRESS. (4) by inserting after paragraph (14), as re- Large, and for the conduct of investigations (a) FINDINGS.—Section 2(a) of the Inter- designated, the following: by the Office and for necessary travel to national Religious Freedom Act of 1998 (22 ‘‘(15) SPECIAL WATCH LIST.—The term ‘Spe- carry out this Act. The Secretary of State U.S.C. 6401(a)) is amended— cial Watch List’ means the Special Watch should provide the Ambassador at Large (1) in paragraph (3), by inserting ‘‘The free- List described in section 402(b)(1)(A)(iii).’’; with sufficient funding to carry out the du- dom of thought, conscience, and religion is and ties described in this section, including, as

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00125 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.134 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7056 CONGRESSIONAL RECORD — SENATE December 9, 2016 necessary, representation funds. On the date tain updated information on religious free- ‘‘(1) United States religious freedom poli- on which the President’s annual budget re- dom conditions globally, it is important that cies; quest is submitted to Congress, the Sec- the Department of State coordinate with the ‘‘(2) religious traditions; retary shall submit an annual report to the Commission to fulfill the original intent of ‘‘(3) religious engagement strategies; appropriate congressional committees that the International Religious Freedom Act of ‘‘(4) religious and cultural issues; and includes a report on staffing levels for the 1998. ‘‘(5) efforts to counter violent religious ex- International Religious Freedom Office.’’. SEC. 103. TRAINING FOR FOREIGN SERVICE OFFI- tremism.’’; (b) SENSE OF CONGRESS.—It is the sense of CERS. (4) in subsection (e), as redesignated, by Congress that maintaining an adequate staff- (a) AMENDMENT TO FOREIGN SERVICE ACT OF striking ‘‘The Secretary of State’’ and in- ing level at the Office, such as was in place 1980.—Section 708 of the Foreign Service Act serting ‘‘REFUGEES.—The Secretary of during fiscal year 2016, is necessary for the of 1980 (22 U.S.C. 4028) is amended— State’’; and Office to carry out its important work. (1) by redesignating subsections (b) and (c) (5) in subsection (f), as redesignated, by SEC. 102. ANNUAL REPORT ON INTERNATIONAL as subsections (e) and (f), respectively; striking ‘‘The Secretary of State’’ and in- RELIGIOUS FREEDOM. (2) in subsection (a)— serting ‘‘CHILD SOLDIERS.—The Secretary of (a) IN GENERAL.—Section 102(b)(1) of the (A) by redesignating paragraphs (1), (2), State’’. International Religious Freedom Act of 1998 and (3) as subparagraphs (A), (B), and (C), re- (b) REPORT.—Not later than 180 days after (22 U.S.C. 6412(b)(1)) is amended— spectively; the date of the enactment of this Act, the (1) in the matter preceding subparagraph (B) by striking ‘‘(a) The Secretary of Secretary of State, with the assistance of (A), by striking ‘‘September 1’’ and inserting State’’ and inserting the following: the Ambassador at Large for International ‘‘May 1’’; ‘‘(a) HUMAN RIGHTS, RELIGIOUS FREEDOM, Religious Freedom, and the Director of the (2) in subparagraph (A)— AND HUMAN TRAFFICKING TRAINING.— (A) in clause (iii), by striking ‘‘; and’’ and Foreign Service Institute, located at the ‘‘(1) IN GENERAL.—The Secretary of State’’; George P. Shultz National Foreign Affairs inserting ‘‘as well as the routine denial of and visa applications for religious workers;’’; Training Center, shall submit a report to the (C) by adding at the end the following: Committee on Foreign Affairs of the House (B) by redesignating clause (iv) as clause ‘‘(2) ADDITIONAL TRAINING.—Not later than (vii); and of Representatives and the Committee on the one year after the date of the enactment Foreign Relations of the Senate that con- (C) by inserting after clause (iii) the fol- of the Frank R. Wolf International Religious lowing: tains a plan for undertaking training for Freedom Act, the Director of the George P. Foreign Service officers under section 708 of ‘‘(iv) particularly severe violations of reli- Shultz National Foreign Affairs Training gious freedom in that country if such coun- the Foreign Services Act of 1980, as amended Center shall, consistent with this section, by subsection (a). try does not have a functioning government conduct training on religious freedom for all or the government of such country does not Foreign Service officers, including all entry SEC. 104. PRISONER LISTS AND ISSUE BRIEFS ON RELIGIOUS FREEDOM CONCERNS. control its territory; level officers, all officers prior to departure ‘‘(v) the identification of prisoners, to the for posting outside the United States, and all Section 108 of the International Religious extent possible, in that country pursuant to outgoing deputy chiefs of mission and am- Freedom Act of 1998 (22 U.S.C. 6417) is section 108(d); bassadors. Such training shall be included in amended— ‘‘(vi) any action taken by the government each of— (1) in subsection (b), by striking ‘‘faith,’’ of that country to censor religious content, ‘‘(A) the A–100 course attended by all For- and inserting ‘‘activities, religious freedom communications, or worship activities on- eign Service officers; advocacy, or efforts to protect and advance line, including descriptions of the targeted ‘‘(B) the courses required of every Foreign the universally recognized right to the free- religious group, the content, communica- Service officer prior to a posting outside the dom of religion,’’; tion, or activities censored, and the means United States, with segments tailored to the (2) in subsection (c), by striking ‘‘, as ap- used; and’’; particular religious demography, religious propriate, provide’’ and insert ‘‘make avail- (3) in subparagraph (B), in the matter pre- freedom conditions, and United States strat- able’’; and ceding clause (i)— egies for advancing religious freedom, in (3) by adding at the end the following: (A) by inserting ‘‘persecution of lawyers, each receiving country; and ‘‘(d) VICTIMS LIST MAINTAINED BY THE politicians, or other human rights advocates ‘‘(C) the courses required of all outgoing UNITED STATES COMMISSION ON INTER- seeking to defend the rights of members of deputy chiefs of mission and ambassadors.’’; NATIONAL RELIGIOUS FREEDOM.— religious groups or highlight religious free- and ‘‘(1) IN GENERAL.—The Commission shall dom violations, prohibitions on ritual ani- (3) by inserting after subsection (a) the fol- make publicly available, to the extent prac- mal slaughter or male infant circumcision,’’ lowing: ticable, online and in official publications, after ‘‘entire religions,’’; and ‘‘(b) DEVELOPMENT OF CURRICULUM.—The lists of persons it determines are imprisoned (B) by inserting ‘‘policies that ban or re- Ambassador at Large for International Reli- or detained, have disappeared, been placed strict the public manifestation of religious gious Freedom, in coordination with the Di- under house arrest, been tortured, or sub- belief and the peaceful involvement of reli- rector of the George P. Shultz National For- jected to forced renunciations of faith for gious groups or their members in the polit- eign Affairs Training Center and other Fed- their religious activity or religious freedom ical life of each such foreign country,’’ after eral officials, as appropriate, and in con- advocacy by the government of a foreign ‘‘such groups,’’; sultation with the United States Commis- country that the Commission recommends (4) in subparagraph (C), by striking ‘‘A de- sion on International Religious Freedom es- for designation as a country of particular scription of United States actions and’’ and tablished under section 201(a) of the Inter- concern for religious freedom under section inserting ‘‘A detailed description of United national Religious Freedom Act of 1998, shall 402(b)(1)(A)(ii) or by a non-state actor that States actions, diplomatic and political co- make recommendations to the Secretary of the Commission recommends for designation ordination efforts, and other’’; and State regarding the curriculum required as an entity of particular concern for reli- (5) in subparagraph (F)(i)— under subsection (a)(2) for training United gious freedom under section 301 of the Frank (A) by striking ‘‘section 402(b)(1)’’ and in- States Foreign Service officers on the scope R. Wolf International Religious Freedom Act serting ‘‘section 402(b)(1)(A)(ii)’’; and and strategic value of international religious and include as much publicly available infor- (B) by adding at the end the following: freedom, how violations of international re- mation as practicable on the conditions and ‘‘Any country in which a non-state actor des- ligious freedom harm fundamental United circumstances of such persons. ignated as an entity of particular concern for States interests, how the advancement of ‘‘(2) DISCRETION.—In compiling lists under religious freedom under section 301 of the international religious freedom can advance paragraph (1), the Commission shall exercise Frank R. Wolf International Religious Free- such interests, how United States inter- all appropriate discretion, including consid- dom Act is located shall be included in this national religious freedom policy should be eration of the safety and security of, and section of the report.’’. carried out in practice by United States dip- benefit to, the persons who may be included (b) SENSE OF CONGRESS.—It is the sense of lomats and other Foreign Service officers, on the lists and the families of such per- Congress that— and the relevance and relationship of inter- sons.’’. (1) the original intent of the International national religious freedom to United States TITLE II—NATIONAL SECURITY COUNCIL Religious Freedom Act of 1998 (22 U.S.C. 6401 defense, diplomacy, development, and public et seq.) was to require annual reports from affairs efforts. The Secretary of State should SEC. 201. SPECIAL ADVISER FOR INTERNATIONAL both the Department of State and the Com- ensure the availability of sufficient re- RELIGIOUS FREEDOM. mission on International Religious Freedom sources to develop and implement such cur- The position described in section 101(k) of to be delivered each year, during the same riculum. the National Security Act of 1947 (50 U.S.C. calendar year, and with at least 5 months ‘‘(c) INFORMATION SHARING.—The cur- 3021(k)) should assist the Ambassador at separating these reports, in order to provide riculum and training materials developed Large for International Religious Freedom updated information for policymakers, Mem- pursuant to subsections (a)(2) and (b) shall be to coordinate international religious free- bers of Congress, and nongovernmental orga- shared with the United States Armed Forces dom policies and strategies throughout the nizations; and and other Federal departments and agencies executive branch and within any interagency (2) given that the annual Country Reports with personnel who are stationed overseas, policy committee of which the Ambassador on Human Rights Practices no longer con- as appropriate, to provide training on— at Large is a member.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00126 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.137 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7057 TITLE III—PRESIDENTIAL ACTIONS (A) in paragraph (1)— ‘‘(iv) the impact on the advancement of SEC. 301. NON-STATE ACTOR DESIGNATIONS. (i) by amending subparagraph (A) to read United States interests in democracy, human rights, and security, and a descrip- (a) IN GENERAL.—The President, concur- as follows: rent with the annual foreign country review ‘‘(A) IN GENERAL.—Not later than 90 days tion of policy tools being applied in the required under section 402(b)(1)(A) of the after the date on which each Annual Report country, including programs that target International Religious Freedom Act of 1998 is submitted under section 102(b), the Presi- democratic stability, economic growth, and (22 U.S.C. 6442(b)(1)(A)), shall— dent shall— counterterrorism.’’. (1) review and identify any non-state ac- ‘‘(i) review the status of religious freedom SEC. 304. PRESIDENTIAL WAIVER. tors operating in any such reviewed country in each foreign country to determine wheth- Section 407 of the International Religious or surrounding region that have engaged in er the government of that country has en- Freedom Act of 1998 (22 U.S.C. 6447) is particularly severe violations of religious gaged in or tolerated particularly severe vio- amended— freedom; and lations of religious freedom in each such (1) in subsection (a)— (2) designate, in a manner consistent with country during the preceding 12 months or (A) by striking ‘‘subsection (b)’’ and insert- such Act, each such non-state actor as an en- longer; ing ‘‘subsection (c)’’; tity of particular concern for religious free- ‘‘(ii) designate each country the govern- (B) by inserting ‘‘, for a single, 180-day pe- dom. ment of which has engaged in or tolerated riod,’’ after ‘‘may waive’’; (C) by striking paragraph (1); and (b) REPORT.—Whenever the President des- violations described in clause (i) as a country ignates a non-state actor under subsection of particular concern for religious freedom; (D) by redesignating paragraphs (2) and (3) (a) as an entity of particular concern for reli- and as paragraphs (1) and (2), respectively; gious freedom, the President, as soon as ‘‘(iii) designate each country that engaged (2) by redesignating subsection (b) as sub- practicable after the designation is made, in or tolerated severe violations of religious section (c); shall submit a report to the appropriate con- freedom during the previous year, but does (3) by inserting after subsection (a) the fol- gressional committees that describes the not meet, in the opinion of the President at lowing: ‘‘(b) ADDITIONAL AUTHORITY.—Subject to reasons for such designation. the time of publication of the Annual Re- subsection (c), the President may waive, for (c) ACTIONS.—The President should take port, all of the criteria described in section any additional specified period of time after specific actions, when practicable, to address 3(15) for designation under clause (ii) as the 180-day period described in subsection severe violations of religious freedom of non- being placed on a ‘Special Watch List’.’’; and (ii) in subparagraph (C), by striking ‘‘prior (a), the application of any of the actions de- state actors that are designated under sub- scribed in paragraphs (9) through (15) of sec- section (a)(2). to September 1 of the respective year’’ and inserting ‘‘before the date on which each An- tion 405(a) (or a commensurate substitute ac- (d) DEPARTMENT OF STATE ANNUAL RE- tion) with respect to a country, if the Presi- PORT.—The Secretary of State should include nual Report is submitted under section 102(b)’’; dent determines and reports to the appro- information detailing the reasons the Presi- priate congressional committees that— dent designated a non-state actor as an enti- (B) by amending paragraph (3) to read as follows: ‘‘(1) the respective foreign government has ty of particular concern for religious free- ceased the violations giving rise to the Presi- ‘‘(3) CONGRESSIONAL NOTIFICATION.— dom under subsection (a) in the Annual Re- dential action; or ‘‘(A) IN GENERAL.—Whenever the President port required under section 102(b)(1) of the ‘‘(2) the important national interest of the International Religious Freedom Act of 1998 designates a country as a country of particular concern for religious freedom under United States requires the exercise of such (22 U.S.C. 6412(b)(1)). waiver authority.’’; (e) SENSE OF CONGRESS.—It is the sense of paragraph (1)(A)(ii), the President, not later than 90 days after such designation, shall (4) in subsection (c), as redesignated, by in- Congress that— serting ‘‘or (b)’’ after ‘‘subsection (a)’’; and (1) the Secretary of State should work with submit to the appropriate congressional committees— (5) by adding at the end the following: Congress and the U.S. Commission on Inter- ‘‘(d) SENSE OF CONGRESS.—It is the sense of ‘‘(i) the designation of the country, signed national Religious Freedom— Congress that— by the President; (A) to create new political, financial, and ‘‘(1) ongoing and persistent waivers of the ‘‘(ii) the identification, if any, of respon- diplomatic tools to address severe violations application of any of the actions described in sible parties determined under paragraph (2); of religious freedom by non-state actors; and paragraphs (9) through (15) of section 405(a) and (B) to update the actions the President can (or commensurate substitute action) with re- ‘‘(iii) a description of the actions taken take under section 405 of the International spect to a country do not fulfill the purposes under subsection (c), the purposes of the ac- Religious Freedom Act of 1998 (22 U.S.C. of this Act; and tions taken, and the effectiveness of the ac- 6445); ‘‘(2) because the promotion of religious tions taken. (2) governments must ultimately be held freedom is an important interest of United ‘‘(B) REMOVAL OF DESIGNATION.—A country accountable for the abuses that occur in States foreign policy, the President, the Sec- that is designated as a country of particular their territories; and retary of State, and other executive branch concern for religious freedom under para- (3) any actions the President takes after officials, in consultation with Congress, graph (1)(A)(ii) shall retain such designation designating a non-state actor as an entity of should seek to find ways to address existing until the President determines and reports particular concern should also involve high- violations, on a case-by-case basis, through to the appropriate congressional committees level diplomacy with the government of the the actions described in section 405 or other that the country should no longer be so des- country in which the non-state actor is oper- commensurate substitute action.’’. ating. ignated.’’; and (C) by adding at the end the following: SEC. 305. PUBLICATION IN THE FEDERAL REG- (f) DETERMINATIONS OF RESPONSIBLE PAR- ISTER. TIES.—In order to appropriately target Presi- ‘‘(4) EFFECT ON DESIGNATION AS COUNTRY OF Section 408(a)(1) of the International Reli- dential actions under the International Reli- PARTICULAR CONCERN.—The presence or ab- gious Freedom Act of 1998 (22 U.S.C. gious Freedom Act of 1998 (22 U.S.C. 6401 et sence of a country from the Special Watch 6448(a)(1)) is amended by adding at the end seq.), the President, with respect to each List in any given year shall not preclude the the following: ‘‘Any designation of a non- non-state actor designated as an entity of designation of such country as a country of state actor as an entity of particular concern particular concern for religious freedom particular concern for religious freedom for religious freedom under section 301 of the under subsection (a), shall seek to deter- under paragraph (1)(A)(ii) in any such year.’’; Frank R. Wolf International Religious Free- mine, to the extent practicable, the specific and dom Act and, if applicable and to the extent officials or members that are responsible for (2) in subsection (c)(5), by striking ‘‘the practicable, the identities of individuals de- the particularly severe violations of reli- President must designate the specific sanc- termined to be responsible for violations de- gious freedom engaged in or tolerated by tion or sanctions which he determines sat- scribed in subsection (f) of such section.’’. such non-state actor. isfy the requirements of this subsection.’’ TITLE IV—PROMOTION OF RELIGIOUS (g) DEFINITIONS.—In this section, the terms and inserting ‘‘the President shall designate FREEDOM the specific sanction or sanctions that the ‘‘appropriate congressional committees’’, SEC. 401. ASSISTANCE FOR PROMOTING RELI- ‘‘non-state actor’’, and ‘‘particularly severe President determines satisfy the require- GIOUS FREEDOM. ments under this subsection and include a violations of religious freedom’’ have the (a) AVAILABILITY OF ASSISTANCE.—It is the meanings given such terms in section 3 of description of the impact of such sanction or sense of Congress that for each fiscal year the International Religious Freedom Act of sanctions on each country.’’. that begins on or after the date of the enact- 1998 (22 U.S.C. 6402), as amended by section 3 SEC. 303. REPORT TO CONGRESS. ment of this Act, the President should re- of this Act. Section 404(a)(4)(A) of the International quest sufficient appropriations from Con- SEC. 302. PRESIDENTIAL ACTIONS IN RESPONSE Religious Freedom Act of 1998 (22 U.S.C. gress to support— TO PARTICULARLY SEVERE VIOLA- 6444(a)(4)(A)) is amended— (1) the vigorous promotion of international TIONS OF RELIGIOUS FREEDOM. (1) in clause (ii), by striking ‘‘and’’ at the religious freedom and for projects to advance Section 402 of the International Religious end; United States interests in the protection and Freedom Act of 1998 (22 U.S.C. 6442) is (2) in clause (iii), by striking the period at advancement of international religious free- amended— the end and inserting ‘‘; and’’; and dom, in particular, through grants to groups (1) in subsection (b)— (3) by adding at the end the following: that—

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00127 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.137 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7058 CONGRESSIONAL RECORD — SENATE December 9, 2016 (A) are capable of developing legal protec- violations of religious freedom under section ‘‘(2) ensure that the religious views and tions or promoting cultural and societal un- 212(a)(2)(G) of the Immigration and Nation- peaceful practice of religion in no way affect, derstanding of international norms of reli- ality Act (8 U.S.C. 1182(a)(2)(G)), or who are or be allowed to affect, the status of a work- gious freedom; subject to financial sanctions or other meas- er’s or faculty member’s employment or a (B) seek to address and mitigate reli- ures for particularly severe violations of student’s enrollment; and giously motivated and sectarian violence freedom religion. ‘‘(3) make every effort in all negotiations, and combat violent extremism; or ‘‘(2) REFERENCE.—The list required under contracts, or memoranda of understanding (C) seek to strengthen investigations, re- paragraph (1) shall be known as the ‘Des- engaged in or constructed with a foreign gov- porting, and monitoring of religious freedom ignated Persons List for Particularly Severe ernment to protect academic freedom and violations, including genocide perpetrated Violations of Religious Freedom’. the rights enshrined in the United Nations against religious minorities; and ‘‘(b) REPORT.— Declaration of Human Rights. ‘‘(1) IN GENERAL.—The Secretary of State (2) the establishment of an effective Reli- ‘‘SEC. 703. SENSE OF CONGRESS REGARDING NA- gious Freedom Defense Fund, to be adminis- shall submit a report to the appropriate con- TIONAL SECURITY STRATEGY TO tered by the Ambassador at Large for Inter- gressional committees that contains the list PROMOTE RELIGIOUS FREEDOM national Religious Freedom, to provide required under subsection (a), including, THROUGH UNITED STATES FOREIGN grants for— with respect to each foreign individual on POLICY. (A) victims of religious freedom abuses and the list— ‘‘It is the sense of Congress that the annual their families to cover legal and other ex- ‘‘(A) the name of the individual and a de- national security strategy report of the penses that may arise from detention, im- scription of the particularly severe violation President required under section 108 of the prisonment, torture, fines, and other restric- of religious freedom committed by the indi- National Security Act of 1947 (50 U.S.C. tions; and vidual; 3043)— (B) projects to help create and support ‘‘(B) the name of the country or other loca- ‘‘(1) should promote international religious training of a new generation of defenders of tion in which such violation took place; and freedom as a foreign policy and national se- religious freedom, including legal and polit- ‘‘(C) a description of the actions taken pur- curity priority; and ical advocates, and civil society projects suant to this Act or any other Act or Execu- ‘‘(2) should articulate that promotion of which seek to create advocacy networks, tive order in response to such violation. the right to freedom of religion is a strategy strengthen legal representation, train and ‘‘(2) SUBMISSION AND UPDATES.—The Sec- that— educate new religious freedom defenders, and retary of State shall submit to the appro- ‘‘(A) protects other, related human rights, build the capacity of religious communities priate congressional committees— and advances democracy outside the United and rights defenders to protect against reli- ‘‘(A) the initial report required under para- States; and gious freedom violations, mitigate societal graph (1) not later than 180 days after the ‘‘(B) makes clear its importance to United or sectarian violence, or minimize legal or date of the enactment of the Frank R. Wolf States foreign policy goals of stability, secu- other restrictions of the right to freedom of International Religious Freedom Act; and rity, development, and diplomacy; religion. ‘‘(B) updates to the report every 180 days ‘‘(3) should be a guide for the strategies (b) PREFERENCE.—It is the sense of Con- thereafter and as new information becomes and activities of relevant Federal agencies; gress that, in providing grants under sub- available. and section (a), the Ambassador at Large for ‘‘(3) FORM.—The report required under ‘‘(4) should inform the Department of De- International Religious Freedom should, as paragraph (1) should be submitted in unclas- fense quadrennial defense review under sec- appropriate, give preference to projects tar- sified form but may contain a classified tion 118 of title 10, United States Code, and geting religious freedom violations in coun- annex. the Department of State Quadrennial Diplo- tries— ‘‘(4) DEFINITION.—In this subsection, the macy and Development Review.’’. (1) designated as countries of particular term ‘appropriate congressional committees’ SEC. 602. CLERICAL AMENDMENTS. means— concern for religious freedom under section The table of contents of the International ‘‘(A) the Committee on Foreign Relations 402(b)(1) of the International Religious Free- Religious Freedom Act of 1998 (22 U.S.C. 6401 of the Senate; dom Act of 1998 (22 U.S.C. 6442(b)(1)); or note) is amended— ‘‘(B) the Committee on Appropriations of (2) included on the Special Watch List de- (1) by striking the item relating to section the Senate; scribed in section 402(b)(1)(A)(iii) of the 605 and inserting the following: International Religious Freedom Act of 1998, ‘‘(C) the Committee on Banking, Housing, ‘‘Sec. 606. Studies on the effect of expedited as added by section 302(1)(A)(i) of this Act. and Urban Affairs of the Senate; removal provisions on asylum (c) ADMINISTRATION AND CONSULTATIONS.— ‘‘(D) the Committee on Foreign Affairs of claims.’’; (1) ADMINISTRATION.—Amounts made avail- the House of Representatives; (2) by inserting after the item relating to able under subsection (a) shall be adminis- ‘‘(E) the Committee on Appropriations of section 604 the following: tered by the Ambassador at Large for Inter- the House of Representatives; and national Religious Freedom. ‘‘(F) the Committee on Financial Services ‘‘Sec. 605. Designated Persons List for Par- (2) CONSULTATIONS.—In developing prior- of the House of Representatives.’’. ticularly Severe Violations of ities and policies for providing grants au- TITLE VI—MISCELLANEOUS PROVISIONS Religious Freedom.’’; thorized under subsection (a), including pro- SEC. 601. MISCELLANEOUS PROVISIONS. and gramming and policy, the Ambassador at Title VII of the International Religious (3) by adding at the end the following: Large for International Religious Freedom Freedom Act of 1998 (22 U.S.C. 6481 et seq.) is ‘‘Sec. 702. Voluntary codes of conduct for should consult with other Federal agencies, amended by adding at the end the following: United States institutions of including the United States Commission on ‘‘SEC. 702. VOLUNTARY CODES OF CONDUCT FOR higher education operating out- International Religious Freedom and, as ap- UNITED STATES INSTITUTIONS OF side the United States. propriate, nongovernmental organizations. HIGHER EDUCATION OUTSIDE THE ‘‘Sec. 703. Sense of Congress regarding na- UNITED STATES. TITLE V—DESIGNATED PERSONS LIST tional security strategy to pro- ‘‘(a) FINDING.—Congress recognizes the en- mote religious freedom through FOR PARTICULARLY SEVERE VIOLA- during importance of United States institu- United States foreign policy.’’. TIONS OF RELIGIOUS FREEDOM tions of higher education worldwide— SEC. 501. DESIGNATED PERSONS LIST FOR PAR- ‘‘(1) for their potential for shaping positive TICULARLY SEVERE VIOLATIONS OF leadership and new educational models in SA 5176. Mr. PORTMAN (for Mr. RELIGIOUS FREEDOM. host countries; and CORKER) proposed an amendment to Title VI of the International Religious ‘‘(2) for their emphasis on teaching univer- amendment SA 5175 proposed by Mr. Freedom Act of 1998 (22 U.S.C. 6471 et seq.) is sally recognized rights of free inquiry and PORTMAN (for Mr. CORKER) to the bill amended— academic freedom. H.R. 1150, to amend the International (1) by redesignating section 605 as section ‘‘(b) SENSE OF CONGRESS.—It is the sense of 606; and Religious Freedom Act of 1998 to im- Congress that United States institutions of prove the ability of the United States (2) by inserting after section 604 the fol- higher education operating campuses outside lowing: the United States or establishing any edu- to advance religious freedom globally ‘‘SEC. 605. DESIGNATED PERSONS LIST FOR PAR- cational entities with foreign governments, through enhanced diplomacy, training, TICULARLY SEVERE VIOLATIONS OF particularly with or in countries the govern- counterterrorism, and foreign assist- RELIGIOUS FREEDOM. ments of which engage in or tolerate severe ance efforts, and through stronger and ‘‘(a) LIST.— violations of religious freedom as identified more flexible political responses to re- ‘‘(1) IN GENERAL.—The Secretary of State, in the Annual Report, should seek to adopt a ligious freedom violations and violent in coordination with the Ambassador at voluntary code of conduct for operating in Large and in consultation with relevant gov- such countries that should— extremism worldwide, and for other ernment and nongovernment experts, shall ‘‘(1) uphold the right of freedom of religion purposes; as follows: establish and maintain a list of foreign indi- of their employees and students, including Beginning on page 13, strike line 12 and all viduals to whom a consular post has denied the right to manifest that religion peace- that follows through page 16, line 20, and in- a visa on the grounds of particularly severe fully as protected in international law; sert the following:

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00128 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.137 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7059 (a) AMENDMENTS TO FOREIGN SERVICE ACT (3) in subsection (c), by striking ‘‘The Sec- SA 5179. Mr. PORTMAN (for Mr. OF 1980.—Section 708 of the Foreign Service retary of State’’ and inserting ‘‘CHILD SOL- JOHNSON) proposed an amendment to Act of 1980 (22 U.S.C. 4028) is amended— DIERS.—The Secretary of State’’. the bill H.R. 6302, to provide an in- (1) in subsection (a)— crease in premium pay for protective (A) by redesignating paragraphs (1), (2), SA 5177. Mr. PORTMAN (for Mr. services during 2016, and for other pur- and (3) as subparagraphs (A), (B), and (C), re- CORKER) proposed an amendment to the poses; as follows: spectively; bill H.R. 4939, to increase engagement (B) by striking ‘‘(a) The Secretary of with the governments of the Caribbean Amend the title to read as follows: ‘‘A bill State’’ and inserting the following: to provide an increase in premium pay for ‘‘(a) HUMAN RIGHTS, RELIGIOUS FREEDOM, region, the Caribbean diaspora commu- protective services during 2016, and for other AND HUMAN TRAFFICKING TRAINING.— nity in the United States, and the pri- purposes.’’. ‘‘(1) IN GENERAL.—The Secretary of State’’; vate sector and civil society in both and the United States and the Caribbean, SA 5180. Mr. PORTMAN (for Mr. (C) by adding at the end the following: and for other purposes; as follows: CRUZ (for himself and Mr. NELSON)) ‘‘(2) RELIGIOUS FREEDOM TRAINING.— On page 11, beginning on line 3, strike ‘‘(A) IN GENERAL.—In carrying out the proposed an amendment to the bill S. ‘‘with respect to’’ and all that follows training required under paragraph (1)(B), the 3346, to authorize the programs of the Director of the George P. Shultz National through line 5 and insert ‘‘with respect to National Aeronautics and Space Ad- human rights and democracy’’. Foreign Affairs Training Center shall, not ministration, and for other purposes; later than the one year after the date of the as follows: enactment of the Frank R. Wolf Inter- SA 5178. Mr. PORTMAN (for Mr. Strike all after the enacting clause and in- national Religious Freedom Act, conduct JOHNSON) proposed an amendment to sert the following: training on religious freedom for all Foreign the bill H.R. 6302, to provide an in- Service officers, including all entry level of- crease in premium pay for protective SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ficers, all officers prior to departure for post- services during 2016, and for other pur- (a) SHORT TITLE.—This Act may be cited as the ‘‘National Aeronautics and Space Admin- ing outside the United States, and all out- poses; as follows: going deputy chiefs of mission and ambas- istration Transition Authorization Act of Strike all after the enacting clause and in- sadors. Such training shall be included in— 2016’’. sert the following: ‘‘(i) the A–100 course attended by all For- (b) TABLE OF CONTENTS.—The table of con- eign Service officers; SECTION 1. SHORT TITLE. tents of this Act is as follows: ‘‘(ii) the courses required of every Foreign This Act may be cited as the ‘‘Overtime Sec. 1. Short title; table of contents. Service officer prior to a posting outside the Pay for Protective Services Act of 2016’’. Sec. 2. Definitions. United States, with segments tailored to the SEC. 2. PREMIUM PAY EXCEPTION IN 2016 FOR TITLE I—AUTHORIZATION OF particular religious demography, religious PROTECTIVE SERVICES. APPROPRIATIONS (a) DEFINITION.—In this section, the term freedom conditions, and United States strat- Sec. 101. Fiscal year 2017. egies for advancing religious freedom, in ‘‘covered employee’’ means any officer, em- each receiving country; and ployee, or agent employed by the United TITLE II—SUSTAINING NATIONAL SPACE ‘‘(iii) the courses required of all outgoing States Secret Service who performs protec- COMMITMENTS deputy chiefs of mission and ambassadors. tive services for an individual or event pro- Sec. 201. Sense of Congress on sustaining na- ‘‘(B) DEVELOPMENT OF CURRICULUM.—In car- tected by the United States Secret Service tional space commitments. rying out the training required under para- during 2016. Sec. 202. Findings. graph (1)(B), the Ambassador at Large for (b) EXCEPTION TO THE LIMITATION ON PRE- TITLE III—MAXIMIZING UTILIZATION OF International Religious Freedom, in coordi- MIUM PAY FOR PROTECTIVE SERVICES.— THE ISS AND LOW-EARTH ORBIT nation with the Director of the George P. (1) IN GENERAL.—Notwithstanding any Sec. 301. Operation of the ISS. Shultz National Foreign Affairs Training other provision of law, during 2016, section Sec. 302. Transportation to ISS. Center and other Federal officials, as appro- 5547(a) of title 5, United States Code, shall Sec. 303. ISS transition plan. priate, and in consultation with the United not apply to any covered employee to the ex- Sec. 304. Space communications. States Commission on International Reli- tent that its application would prevent a Sec. 305. Indemnification; NASA launch gious Freedom established under section covered employee from receiving premium services and reentry services. 201(a) of the International Religious Free- pay, as provided under the amendment made TITLE IV—ADVANCING HUMAN DEEP dom Act of 1998 (22 U.S.C. 6431(a)), shall by paragraph (2). SPACE EXPLORATION make recommendations to the Secretary of (2) TECHNICAL AND CONFORMING AMEND- Subtitle A—Human Space Flight and State regarding a curriculum for the train- MENT.—Section 118 of the Treasury and Gen- ing of United States Foreign Service officers eral Government Appropriations Act, 2001 (as Exploration Goals and Objectives under paragraph (1)(B) on the scope and stra- enacted into law by section 1(3) of Public Sec. 411. Human space flight and exploration tegic value of international religious free- Law 106–554; 114 Stat. 2763A–134) is amended, long-term goals. dom, how violations of international reli- in the first sentence, by inserting ‘‘or, if the Sec. 412. Key objectives. gious freedom harm fundamental United employee qualifies for an exception to such Sec. 413. Vision for space exploration. States interests, how the advancement of limitation under section 2(b)(1) of the Over- Sec. 414. Stepping stone approach to explo- international religious freedom can advance time Pay for Protective Services Act of 2016, ration. such interests, how United States inter- to the extent that such aggregate amount Sec. 415. Update of exploration plan and pro- national religious freedom policy should be would exceed the rate of basic pay payable grams. carried out in practice by United States dip- for a position at level II of the Executive Sec. 416. Repeals. Sec. 417. Assured access to space. lomats and other Foreign Service officers, Schedule under section 5313 of title 5, United and the relevance and relationship of inter- States Code’’ after ‘‘of that limitation’’. Subtitle B—Assuring Core Capabilities for national religious freedom to United States (c) TREATMENT OF ADDITIONAL PAY.—If sub- Exploration defense, diplomacy, development, and public section (b) results in the payment of addi- Sec. 421. Space Launch System, Orion, and affairs efforts. The Secretary of State should tional premium pay to a covered employee of Exploration Ground Systems. ensure the availability of sufficient re- a type that is normally creditable as basic Subtitle C—Journey to Mars sources to develop and implement such cur- pay for retirement or any other purpose, Sec. 431. Findings on human space explo- riculum. that additional pay shall not— ration. ‘‘(C) INFORMATION SHARING.—The cur- (1) be considered to be basic pay of the cov- Sec. 432. Human exploration roadmap. riculum and training materials developed ered employee for any purpose; or Sec. 433. Advanced space suit capability. under this paragraph shall be shared with (2) be used in computing a lump-sum pay- Sec. 434. Asteroid robotic redirect mission. the United States Armed Forces and other ment to the covered employee for accumu- Sec. 435. Mars 2033 report. Federal departments and agencies with per- lated and accrued annual leave under section Subtitle D—TREAT Astronauts Act sonnel who are stationed overseas, as appro- 5551 or section 5552 of title 5, United States priate, to provide training on— Code. Sec. 441. Short title. ‘‘(i) United States religious freedom poli- (d) AGGREGATE LIMIT.—With respect to the Sec. 442. Findings; sense of Congress. cies; application of section 5307 of title 5, United Sec. 443. Medical monitoring and research ‘‘(ii) religious traditions; States Code, the payment of any additional relating to human space flight. ‘‘(iii) religious engagement strategies; premium pay to a covered employee as a re- TITLE V—ADVANCING SPACE SCIENCE ‘‘(iv) religious and cultural issues; and sult of subsection (b) shall not be counted as Sec. 501. Maintaining a balanced space ‘‘(v) efforts to counter violent religious ex- part of the aggregate compensation of the science portfolio. tremism.’’; covered employee. Sec. 502. Planetary science. (2) in subsection (b), by striking ‘‘The Sec- (e) EFFECTIVE DATE.—This section and the Sec. 503. James Webb Space Telescope. retary of State’’ and inserting ‘‘REFUGEES.— amendments made by this section shall take Sec. 504. Wide-Field Infrared Survey Tele- The Secretary of State’’; and effect as if enacted on December 31, 2015. scope.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00129 Fmt 4637 Sfmt 0655 E:\CR\FM\A09DE6.133 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7060 CONGRESSIONAL RECORD — SENATE December 9, 2016 Sec. 505. Mars 2020 rover. (A) the Committee on Commerce, Science, (3) a national, government-led space pro- Sec. 506. Europa. and Transportation of the Senate; and gram that builds on current science and ex- Sec. 507. Congressional declaration of policy (B) the Committee on Science, Space, and ploration programs, advances human knowl- and purpose. Technology of the House of Representatives. edge and capabilities, and opens the frontier Sec. 508. Extrasolar planet exploration (4) CIS-LUNAR SPACE.—The term ‘‘cis-lunar beyond Earth for ourselves, commercial en- strategy. space’’ means the region of space from the terprise, and science, and with our inter- Sec. 509. Astrobiology strategy. Earth out to and including the region around national partners, is of critical importance Sec. 510. Astrobiology public-private part- the surface of the Moon. to our national destiny and to a future guid- nerships. (5) DEEP SPACE.—The term ‘‘deep space’’ ed by United States values and freedoms; Sec. 511. Near-earth objects. means the region of space beyond low-Earth (4) continuity of purpose and effective exe- Sec. 512. Near-Earth objects public-private orbit, to include cis-lunar space. cution of core NASA programs are essential partnerships. (6) GOVERNMENT ASTRONAUT.—The term for efficient use of resources in pursuit of Sec. 513. Assessment of science mission ex- ‘‘government astronaut’’ has the meaning timely and tangible accomplishments; tensions. given the term in section 50902 of title 51, (5) NASA could improve its efficiency and Sec. 514. Stratospheric observatory for in- United States Code. effectiveness by working with industry to frared astronomy. (7) ISS.—The term ‘‘ISS’’ means the Inter- streamline existing programs and require- Sec. 515. Radioisotope power systems. national Space Station. ments, procurement practices, institutional Sec. 516. Assessment of Mars architecture. (8) ISS MANAGEMENT ENTITY.—The term footprint, and bureaucracy while preserving Sec. 517. Collaboration. ‘‘ISS management entity’’ means the organi- effective program oversight, accountability, TITLE VI—AERONAUTICS zation with which the Administrator has a and safety; cooperative agreement under section 504(a) Sec. 601. Sense of Congress on aeronautics. (6) it is imperative that the United States of the National Aeronautics and Space Ad- Sec. 602. Transformative aeronautics re- maintain and enhance its leadership in space ministration Authorization Act of 2010 (42 search. exploration and space science, and continue U.S.C. 18354(a)). Sec. 603. Hypersonic research. to expand freedom and economic opportuni- (9) NASA.—The term ‘‘NASA’’ means the Sec. 604. Supersonic research. ties in space for all Americans that are con- National Aeronautics and Space Administra- Sec. 605. Rotorcraft research. sistent with the Constitution of the United tion. States; and TITLE VII—SPACE TECHNOLOGY (10) ORION.—The term ‘‘Orion’’ means the (7) NASA should be a multi-mission space Sec. 701. Space technology infusion. multipurpose crew vehicle described under agency, and should have a balanced and ro- Sec. 702. Space technology program. section 303 of the National Aeronautics and bust set of core missions in space science, TITLE VIII—MAXIMIZING EFFICIENCY Space Administration Authorization Act of space technology, aeronautics, human space 2010 (42 U.S.C. 18323). Subtitle A—Agency Information Technology flight and exploration, and education. (11) SPACE LAUNCH SYSTEM.—The term and Cybersecurity SEC. 202. FINDINGS. ‘‘Space Launch System’’ has the meaning Congress makes the following findings: Sec. 811. Information technology govern- given the term in section 3 of the National (1) Returns on the Nation’s investments in ance. Aeronautics and Space Administration Au- science, technology, and exploration accrue Sec. 812. Information technology strategic thorization Act of 2010 (42 U.S.C. 18302). over decades-long timeframes, and a disrup- plan. (12) UNITED STATES GOVERNMENT ASTRO- tion of such investments could prevent re- Sec. 813. Cybersecurity. NAUT.—The term ‘‘United States government turns from being fully realized. Sec. 814. Security management of foreign astronaut’’ has the meaning given the term (2) Past challenges to the continuity of national access. ‘‘government astronaut’’ in section 50902 of such investments, particularly threats re- Sec. 815. Cybersecurity of web applications. title 51, United States Code, except it does garding the cancellation of authorized pro- Subtitle B—Collaboration Among Mission not include an individual who is an inter- grams with bipartisan and bicameral sup- Directorates and Other Matters national partner astronaut. port, have disrupted completion of major Sec. 821. Collaboration among mission direc- TITLE I—AUTHORIZATION OF space systems thereby— torates. APPROPRIATIONS (A) impeding planning and pursuit of na- Sec. 822. NASA launch capabilities collabo- SEC. 101. FISCAL YEAR 2017. tional objectives in space science and human ration. There are authorized to be appropriated to space exploration; Sec. 823. Detection and avoidance of coun- NASA for fiscal year 2017, $19,508,000,000, as (B) placing such investments in space terfeit parts. follows: science and space exploration at risk; and Sec. 824. Education and outreach. (1) For Exploration, $4,330,000,000. (C) degrading the aerospace industrial Sec. 825. Leveraging commercial satellite (2) For Space Operations, $5,023,000,000. base. servicing capabilities across (3) For Science, $5,500,000,000. (3) The National Aeronautics and Space mission directorates. (4) For Aeronautics, $640,000,000. Administration Authorization Act of 2005 Sec. 826. Flight opportunities. (5) For Space Technology, $686,000,000. (Public Law 109–155; 119 Stat. 2895), National Sec. 827. Sense of Congress on small class (6) For Education, $115,000,000. Aeronautics and Space Administration Au- launch missions. (7) For Safety, Security, and Mission Serv- thorization Act of 2008 (Public Law 110-422; Sec. 828. Baseline and cost controls. ices, $2,788,600,000. 122 Stat. 4779), and National Aeronautics and Sec. 829. Commercial technology transfer (8) For Construction and Environmental Space Administration Authorization Act of program. Compliance and Restoration, $388,000,000. 2010 (42 U.S.C. 18301 et seq.) reflect a broad, Sec. 830. Avoiding organizational conflicts (9) For Inspector General, $37,400,000. bipartisan agreement on the path forward for of interest in major administra- TITLE II—SUSTAINING NATIONAL SPACE NASA’s core missions in science, space tech- tion acquisition programs. COMMITMENTS nology, aeronautics, human space flight and Sec. 831. Protection of Apollo landing sites. SEC. 201. SENSE OF CONGRESS ON SUSTAINING exploration, and education, that serves as Sec. 832. NASA lease of non-excess property. NATIONAL SPACE COMMITMENTS. the foundation for the policy updates by this Sec. 833. Termination liability. It is the sense of Congress that— Act. Sec. 834. Independent reviews. (1) honoring current national space com- (4) Sufficient investment and maximum Sec. 835. NASA Advisory Council. mitments and building upon investments in utilization of the ISS and ISS National Lab- Sec. 836. Cost estimation. space across successive Administrations oratory with our international and industry Sec. 837. Facilities and infrastructure. demonstrates clear continuity of purpose by partners is— Sec. 838. Human space flight accident inves- the United States, in collaboration with its (A) consistent with the goals and objec- tigations. international, academic, and industry part- tives of the United States space program; Sec. 839. Orbital debris. ners, to extend humanity’s reach into deep and Sec. 840. Review of orbital debris removal space, including cis-lunar space, the Moon, (B) imperative to continuing United States concepts. the surface and moons of Mars, and beyond; global leadership in human space explo- SEC. 2. DEFINITIONS. (2) NASA leaders can best leverage invest- ration, science, research, technology devel- In this Act: ments in the United States space program by opment, and education opportunities that (1) ADMINISTRATION.—The term ‘‘Adminis- continuing to develop a balanced portfolio contribute to development of the next gen- tration’’ means the National Aeronautics for space exploration and space science, in- eration of American scientists, engineers, and Space Administration. cluding continued development of the Space and leaders, and to creating the opportunity (2) ADMINISTRATOR.—The term ‘‘Adminis- Launch System, Orion, Commercial Crew for economic development of low-Earth trator’’ means the Administrator of the Na- Program, space and planetary science mis- orbit. tional Aeronautics and Space Administra- sions such as the James Webb Space Tele- (5) NASA has made measurable progress in tion. scope, Wide-Field Infrared Survey Telescope, the development and testing of the Space (3) APPROPRIATE COMMITTEES OF CON- and Europa mission, and ongoing operations Launch System and Orion exploration sys- GRESS.—The term ‘‘appropriate committees of the ISS and Commercial Resupply Serv- tems with the near-term objectives of the of Congress’’ means— ices Program; initial integrated test flight and launch in

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00130 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.135 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7061 2018, a human mission in 2021, and continued tems sustainability, and offset and minimize tion Authorization Act of 2008 (Public Law missions with an annual cadence in cis-lunar United States operations costs relating to 110–422; 122 Stat. 4779), and the National Aer- space and eventually to the surface of Mars. the ISS; onautics and Space Administration Author- (6) The Commercial Crew Program has ‘‘(2) utilize, to the extent practicable, the ization Act of 2010 (42 U.S.C. 18301 et seq.); made measurable progress toward reestab- ISS for the development of capabilities and and lishing the capability to launch United technologies needed for the future of human (2) the requirement under section States government astronauts from United space exploration beyond low-Earth orbit; 50111(b)(1)(A) of title 51, United States Code, States soil into low-Earth orbit by the end of and that the Administration shall make use of 2018. ‘‘(3) utilize, if practical and cost effective, United States commercially provided ISS (7) The Aerospace Safety Advisory Panel, the ISS for Science Mission Directorate mis- crew transfer and crew rescue services to the in its 2015 Annual Report, urged continuity sions in low-Earth orbit.’’. maximum extent practicable. of purpose noting concerns over the poten- SEC. 302. TRANSPORTATION TO ISS. (d) USE OF NON-UNITED STATES HUMAN tial for cost overruns and schedule slips that (a) FINDINGS.—Congress finds that reliance SPACE FLIGHT TRANSPORTATION CAPABILI- could accompany significant changes to core on foreign carriers for United States crew TIES.—Section 201(a) of the National Aero- NASA programs. transfer is unacceptable, and the Nation’s nautics and Space Administration Author- TITLE III—MAXIMIZING UTILIZATION OF human space flight program must acquire ization Act of 2010 (42 U.S.C. 18311(a)) is THE ISS AND LOW-EARTH ORBIT the capability to launch United States gov- amended to read as follows: SEC. 301. OPERATION OF THE ISS. ernment astronauts on vehicles using United ‘‘(a) USE OF NON-UNITED STATES HUMAN (a) SENSE OF CONGRESS.—It is the sense of States rockets from United States soil as SPACE FLIGHT TRANSPORTATION SERVICES.— Congress that— soon as is safe, reliable, and affordable to do ‘‘(1) IN GENERAL.—The Federal Government (1) after 15 years of continuous human so. may not acquire human space flight trans- presence in low-Earth orbit, the ISS con- (b) SENSE OF CONGRESS ON COMMERCIAL portation services from a foreign entity un- tinues to overcome challenges and operate CREW PROGRAM AND COMMERCIAL RESUPPLY less— safely; SERVICES PROGRAM.—It is the sense of Con- ‘‘(A) no United States Government-oper- (2) the ISS is a unique testbed for future gress that— ated human space flight capability is avail- space exploration systems development, in- (1) once developed and certified to meet able; cluding long-duration space travel; the Administration’s safety and reliability ‘‘(B) no United States commercial provider (3) the expansion of partnerships, scientific requirements, United States commercially is available; and research, and commercial applications of the provided crew transportation systems offer ‘‘(C) it is a qualified foreign entity. ISS is essential to ensuring the greatest re- the potential of serving as the primary ‘‘(2) DEFINITIONS.—In this subsection: turn on investments made by the United means of transporting United States govern- ‘‘(A) COMMERCIAL PROVIDER.—The term States and its international space partners ment astronauts and international partner ‘commercial provider’ means any person pro- in the development, assembly, and oper- astronauts to and from the ISS and serving viding human space flight transportation ations of that unique facility; as ISS crew rescue vehicles; services, primary control of which is held by (4) utilization of the ISS will sustain (2) the budgetary assumptions used by the persons other than the Federal Government, United States leadership and progress in Administration in its planning for the Com- a State or local government, or a foreign human space exploration by— mercial Crew Program have consistently as- government. (A) facilitating the commercialization and sumed significantly higher funding levels ‘‘(B) QUALIFIED FOREIGN ENTITY.—The term economic development of low-Earth orbit; than have been authorized and appropriated ‘qualified foreign entity’ means a foreign en- (B) serving as a testbed for technologies by Congress; tity that is in compliance with all applicable and a platform for scientific research and de- (3) credibility in the Administration’s safety standards and is not prohibited from velopment; and budgetary estimates for the Commercial providing space transportation services (C) serving as an orbital facility enabling Crew Program can be enhanced by an inde- under other law. research upon— pendently developed cost estimate; ‘‘(C) UNITED STATES COMMERCIAL PRO- (i) the health, well-being, and performance (4) such credibility in budgetary estimates VIDER.—The term ‘United States commercial of humans in space; and is an important factor in understanding pro- provider’ means a commercial provider, or- (ii) the development of in-space systems gram risk; ganized under the laws of the United States enabling human space exploration beyond (5) United States access to low-Earth orbit or of a State, that is more than 50 percent low-Earth orbit; and is paramount to the continued success of the owned by United States nationals. (5) the ISS provides a platform for funda- ISS and ISS National Laboratory; ‘‘(3) ARRANGEMENTS WITH FOREIGN ENTI- mental, microgravity, discovery-based space (6) a stable and successful Commercial Re- TIES.—Nothing in this subsection shall pre- life and physical sciences research that is supply Services Program and Commercial vent the Administrator from negotiating or critical for enabling space exploration, pro- Crew Program are critical to ensuring time- entering into human space flight transpor- tecting humans in space, increasing path- ly provisioning of the ISS and to reestab- tation arrangements with foreign entities to ways for commercial space development that lishing the capability to launch United ensure safety of flight and continued ISS op- depend on advances in basic research, and States government astronauts from United erations.’’. contributes to advancing science, tech- States soil into orbit, ending reliance upon (e) COMMERCIAL CREW PROGRAM.— nology, engineering, and mathematics re- Russian transport of United States govern- (1) SAFETY.— search. ment astronauts to the ISS which has not (A) IN GENERAL.—The Administrator shall (b) OBJECTIVES.—The primary objectives of been possible since the retirement of the protect the safety of government astronauts the ISS program shall be— Space Shuttle program in 2011; by ensuring that each commercially pro- (1) to achieve the long term goal and objec- (7) NASA should build upon the success of vided transportation system under this sub- tives under section 202 of the National Aero- the Commercial Orbital Transportation section meets all applicable human rating nautics and Space Administration Author- Services Program and Commercial Resupply requirements in accordance with section ization Act of 2010 (42 U.S.C. 18312); and Services Program that have allowed private 403(b)(1) of the National Aeronautics and (2) to pursue a research program that ad- sector companies to partner with NASA to Space Administration Authorization Act of vances knowledge and provides other bene- deliver cargo and scientific experiments to 2010 (42 U.S.C. 18342(b)(1)). fits to the Nation. the ISS since 2012; (B) LESSONS LEARNED.—Consistent with the (c) CONTINUATION OF THE ISS.—Section 501 (8) the 21st Century Launch Complex Pro- findings and recommendations of the Colum- of the National Aeronautics and Space Ad- gram has enabled significant modernization bia Accident Investigation Board, the Ad- ministration Authorization Act of 2010 (42 and infrastructure improvements at launch ministration shall ensure that safety and the U.S.C. 18351) is amended to read as follows: sites across the United States to support minimization of the probability of loss of ‘‘SEC. 501. CONTINUATION OF THE INTER- NASA’s Commercial Resupply Services Pro- crew are the critical priorities of the Com- NATIONAL SPACE STATION. gram and other civil and commercial space mercial Crew Program. ‘‘(a) POLICY OF THE UNITED STATES.—It flight missions; and (2) COST MINIMIZATION.—The Administrator shall be the policy of the United States, in (9) the 21st Century Launch Complex Pro- shall strive through the competitive selec- consultation with its international partners gram should be continued in a manner that tion process to minimize the life cycle cost in the ISS program, to support full and com- leverages State and private investments to to the Administration through the planned plete utilization of the ISS through at least achieve the goals of that program. period of commercially provided crew trans- 2024. (c) REAFFIRMATION.—Congress reaffirms— portation services. ‘‘(b) NASA ACTION.—In furtherance of the (1) its commitment to the use of a commer- (f) COMMERCIAL CARGO PROGRAM.—Section policy set forth in subsection (a), NASA cially developed, private sector launch and 401 of the National Aeronautics and Space shall— delivery system to the ISS for crew missions Administration Authorization Act of 2010 (42 ‘‘(1) pursue international, commercial, and as expressed in the National Aeronautics and U.S.C. 18341) is amended by striking ‘‘Com- intragovernmental means to maximize ISS Space Administration Authorization Act of mercial Orbital Transportation Services’’ logistics supply, maintenance, and oper- 2005 (Public Law 109–155; 119 Stat. 2895), the and inserting ‘‘Commercial Resupply Serv- ational capabilities, reduce risks to ISS sys- National Aeronautics and Space Administra- ices’’.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00131 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.135 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7062 CONGRESSIONAL RECORD — SENATE December 9, 2016

(g) COMPETITION.—It is the policy of the commercial space sector, shall develop a ‘‘(K) an identification of the necessary ac- United States that, to foster the competitive plan to transition in a step-wise approach tions and an estimate of the costs to deorbit development, operation, improvement, and from the current regime that relies heavily the ISS once it has reached the end of its commercial availability of space transpor- on NASA sponsorship to a regime where service life; tation services, and to minimize the life NASA could be one of many customers of a ‘‘(L) the impact on deep space exploration cycle cost to the Administration, the Admin- low-Earth orbit non-governmental human capabilities, including a crewed mission to istrator shall procure services for Federal space flight enterprise. Mars in the 2030s, if the preferred service life Government access to and return from the ‘‘(2) REPORTS.—Not later than December 1, of the ISS is extended beyond 2024 and NASA ISS, whenever practicable, via fair and open 2017, and biennially thereafter until 2023, the maintains a flat budget profile; and competition for well-defined, milestone- Administrator shall submit to the Com- ‘‘(M) an evaluation of the functions, roles, based, Federal Acquisition Regulation-based mittee on Commerce, Science, and Transpor- and responsibilities for management and op- contracts under section 201(a) of the Na- tation of the Senate and the Committee on eration of the ISS and a determination of— tional Aeronautics and Space Administra- Science, Space, and Technology of the House ‘‘(i) those functions, roles, and responsibil- tion Authorization Act of 2010 (42 U.S.C. of Representatives a report that includes— ities the Federal Government should retain 18311(a)). ‘‘(A) a description of the progress in during the lifecycle of the ISS; (h) TRANSPARENCY.— achieving the Administration’s deep space ‘‘(ii) those functions, roles, and responsibil- (1) SENSE OF CONGRESS.—It is the sense of human exploration objectives on ISS and ities that could be transferred to the com- Congress that cost transparency and sched- prospects for accomplishing future mission mercial space sector; ‘‘(iii) the metrics that would indicate the ule transparency aid in effective program requirements, space exploration objectives, commercial space sector’s readiness and management and risk assessment. and other research objectives on future com- ability to assume the functions, roles, and (2) IN GENERAL.—The Administrator shall, mercially supplied low-Earth orbit platforms responsibilities described in clause (ii); and to the greatest extent practicable and in a or migration of those objectives to cis-lunar ‘‘(iv) any necessary changes to any agree- manner that does not add costs or schedule space; ments or other documents and the law to en- delays to the program, ensure all Commer- ‘‘(B) steps NASA is taking and will take, able the activities described in subpara- cial Crew Program and Commercial Resup- including demonstrations that could be con- graphs (A) and (B). ply Services Program providers provide evi- ducted on the ISS, to stimulate and facili- ‘‘(3) DEMONSTRATIONS.—If additional Gov- dence-based support for their costs and tate commercial demand and supply of prod- schedules. ernment crew, power, and transportation re- ucts and services in low-Earth orbit; sources are available after meeting the Ad- (i) ISS CARGO RESUPPLY SERVICES LESSONS ‘‘(C) an identification of barriers pre- LEARNED.—Not later than 120 days after the ministration’s requirements for ISS activi- venting the commercialization of low-Earth ties defined in the Human Exploration Road- date of enactment of this Act, the Adminis- orbit, including issues relating to policy, trator shall submit to the appropriate com- map and related research, demonstrations regulations, commercial intellectual prop- identified under paragraph (2) may— mittees of Congress a report that— erty, data, and confidentiality, that could in- (1) identifies the lessons learned to date ‘‘(A) test the capabilities needed to meet hibit the use of the ISS as a commercial in- future mission requirements, space explo- from previous and existing Commercial Re- cubator; supply Services contracts; ration objectives, and other research objec- ‘‘(D) the criteria for defining the ISS as a tives described in paragraph (2)(A); and (2) indicates whether changes are needed to research success; ‘‘(B) demonstrate or test capabilities, in- the manner in which the Administration pro- ‘‘(E) the criteria used to determine wheth- cluding commercial modules or deep space cures and manages similar services prior to er the ISS is meeting the objective under habitats, Environmental Control and Life the issuance of future Commercial Resupply section 301(b)(2) of the National Aeronautics Support Systems, orbital satellite assembly, Services procurement opportunities; and and Space Administration Transition Au- exploration space suits, a node that enables (3) identifies any lessons learned from the thorization Act of 2016; a wide variety of activity, including multiple Commercial Resupply Services contracts ‘‘(F) an assessment of whether the criteria commercial modules and airlocks, additional that should be applied to the procurement under subparagraphs (D) and (E) are con- docking or berthing ports for commercial and management of commercially provided sistent with the research areas defined in, crew and cargo, opportunities for the com- crew transfer services to and from the ISS or and recommendations and schedules under, mercial space sector to cost share for trans- to other future procurements. the current National Academies of Sciences, portation and other services on the ISS, SEC. 303. ISS TRANSITION PLAN. Engineering, and Medicine Decadal Survey other commercial activities, or services ob- (a) FINDINGS.—Congress finds that— on Biological and Physical Sciences in tained through alternate acquisition ap- (1) NASA has been both the primary sup- Space; proaches.’’. plier and consumer of human space flight ca- ‘‘(G) any necessary contributions that ISS SEC. 304. SPACE COMMUNICATIONS. pabilities and services of the ISS and in low- extension would make to enabling execution (a) PLAN.—The Administrator shall develop Earth orbit; and of the Human Exploration Roadmap under a plan, in consultation with relevant Federal (2) according to the National Research section 432 of the National Aeronautics and agencies, to meet the Administration’s pro- Council report ‘‘Pathways to Exploration: Space Administration Transition Authoriza- jected space communication and navigation Rationales and Approaches for a U.S. Pro- tion Act of 2016; needs for low-Earth orbit and deep space op- gram of Human Space Exploration’’ extend- ‘‘(H) the cost estimates for operating the erations in the 20-year period following the ing ISS beyond 2020 to 2024 or 2028 will have ISS to achieve the criteria required under date of enactment of this Act. significant negative impacts on the schedule subparagraphs (D) and (E) and the contribu- (b) CONTENTS.—The plan shall include— of crewed missions to Mars, without signifi- tions identified under subparagraph (G); (1) the lifecycle cost estimates and a 5-year cant increases in funding. ‘‘(I) the cost estimates for extending oper- funding profile; (b) SENSE OF CONGRESS.—It is the sense of ations of the ISS to 2024, 2028, and 2030; (2) the performance capabilities required to Congress that— ‘‘(J) an evaluation of the feasible and pre- meet the Administration’s projected space (1) an orderly transition for United States ferred service life of the ISS beyond the pe- communication and navigation needs; human space flight activities in low-Earth riod described in section 503 of the National (3) the measures the Administration will orbit from the current regime, that relies Aeronautics and Space Administration Au- take to sustain the existing space commu- heavily on NASA sponsorship, to a regime thorization Act of 2010 (42 U.S.C. 18353), nications and navigation architecture; where NASA is one of many customers of a through at least 2028, as a unique scientific, (4) an identification of the projected space low-Earth orbit commercial human space commercial, and space exploration-related communications and navigation network and flight enterprise may be necessary; and facility, including— infrastructure needs; (2) decisions about the long-term future of ‘‘(i) a general discussion of international (5) a description of the necessary upgrades the ISS impact the ability to conduct future partner capabilities and prospects for ex- to meet the needs identified in paragraph (4), deep space exploration activities, and that tending the partnership; including— such decisions regarding the ISS should be ‘‘(ii) the cost associated with extending the (A) an estimate of the cost of the upgrades; considered in the context of the Human Ex- service life; (B) a schedule for implementing the up- ploration Roadmap under section 432 of this ‘‘(iii) an assessment on the technical lim- grades; and Act. iting factors of the service life of the ISS, in- (C) an assessment of whether and how any (c) REPORTS.—Section 50111 of title 51, cluding a list of critical components and related missions will be impacted if re- United States Code, is amended by adding at their expected service life and availability; sources are not secured at the level needed; the end the following: and (6) the cost estimates for the maintenance ‘‘(c) ISS TRANSITION PLAN.— ‘‘(iv) such other information as may be of existing space communications network ‘‘(1) IN GENERAL.—The Administrator, in necessary to fully describe the justification capabilities necessary to meet the needs coordination with the ISS management enti- for and feasibility of extending the service identified in paragraph (4); ty (as defined in section 2 of the National life of the ISS, including the potential sci- (7) the criteria for prioritizing resources Aeronautics and Space Administration Tran- entific or technological benefits to the Fed- for the upgrades described in paragraph (5) sition Authorization Act of 2016), ISS part- eral Government, public, or to academic or and the maintenance described in paragraph ners, the scientific user community, and the commercial entities; (6);

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00132 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.135 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7063

(8) an estimate of any reimbursement (A) of this paragraph if the Administrator ‘‘(3) ANTI-DEFICIENCY ACT.—Notwith- amounts the Administration may receive determines the revision is warranted based standing any other provision of this sec- from other Federal agencies; on new information. tion— (9) an identification of the projected ‘‘(3) AMOUNT OF INSURANCE.—For the total ‘‘(A) all obligations under this section are Tracking and Data Relay Satellite System claims related to one launch or reentry, a subject to the availability of funds; and needs in the 20-year period following the date provider shall not be required to obtain in- ‘‘(B) nothing in this section may be con- of enactment of this Act, including in sup- surance or demonstrate financial responsi- strued to require obligation or payment of port of relevant Federal agencies, and cost bility of more than— funds in violation of sections 1341, 1342, 1349 and schedule estimates to maintain and up- ‘‘(A)(i) $500,000,000 under paragraph (1)(A); through 1351, and 1511 through 1519 of title grade the Tracking and Data Relay Satellite or 31, United States Code (commonly referred System to meet the projected needs; ‘‘(ii) $100,000,000 under paragraph (1)(B); or to as the ‘Anti-Deficiency Act’). (10) the measures the Administration is ‘‘(B) the maximum liability insurance ‘‘(j) RELATIONSHIP TO OTHER LAWS.—The taking to meet space communications needs available on the world market at reasonable Administrator may not provide indemnifica- after all Tracking and Data Relay Satellite cost. tion under this section for an activity that System third-generation communications ‘‘(4) COVERAGE.—An insurance policy or requires a license or permit under chapter satellites are operational; and demonstration of financial responsibility 509. (11) the measures the Administration is under this subsection shall protect the fol- ‘‘(k) DEFINITIONS.—In this section: taking to mitigate threats to electro- lowing, to the extent of their potential li- ‘‘(1) GOVERNMENT ASTRONAUT.—The term magnetic spectrum use. ability for involvement in launch services or ‘government astronaut’ has the meaning (c) SCHEDULE.—Not later than 1 year after reentry services: given the term in section 50902. the date of enactment of this Act, the Ad- ‘‘(A) The Government. ‘‘(2) LAUNCH SERVICES.—The term ‘launch ministrator shall submit the plan to the ap- ‘‘(B) Personnel of the Government. services’ has the meaning given the term in propriate committees of Congress. ‘‘(C) Related entities of the Government. section 50902. SEC. 305. INDEMNIFICATION; NASA LAUNCH ‘‘(D) Related entities of the provider. ‘‘(3) PROVIDER.—The term ‘provider’ means SERVICES AND REENTRY SERVICES. ‘‘(E) Government astronauts. a person that provides domestic launch serv- (a) IN GENERAL.—Subchapter III of chapter ‘‘(d) NO INDEMNIFICATION WITHOUT CROSS- ices or domestic reentry services to the Gov- 201 of title 51, United States Code, is amend- WAIVER.—Notwithstanding subsection (a), ernment. ed by adding at the end the following: the Administrator may not indemnify a pro- ‘‘(4) REENTRY SERVICES.—The term ‘reentry ‘‘§ 20148. Indemnification; NASA launch serv- vider under this section unless there is a services’ has the meaning given the term in ices and reentry services cross-waiver between the Administration section 50902. and the provider as described in subsection ‘‘(5) RELATED ENTITY.—The term ‘related ‘‘(a) IN GENERAL.—Under such regulations (e). entity’ means a contractor or subcontractor. in conformity with this section as the Ad- ‘‘(e) CROSS-WAIVERS.— ‘‘(6) THIRD PARTY.—The term ‘third party’ ministrator shall prescribe taking into ac- ‘‘(1) IN GENERAL.—The Administrator, on means a person except— count the availability, cost, and terms of li- behalf of the United States and its depart- ‘‘(A) the United States Government; ability insurance, any contract between the ments, agencies, and instrumentalities, shall ‘‘(B) related entities of the Government in- Administration and a provider may provide reciprocally waive claims with a provider volved in launch services or reentry services; that the United States will indemnify the under which each party to the waiver agrees ‘‘(C) a provider; provider against successful claims (including to be responsible, and agrees to ensure that ‘‘(D) related entities of the provider in- reasonable expenses of litigation or settle- its related entities are responsible, for dam- volved in launch services or reentry services; ment) by third parties for death, bodily in- age or loss to its property, or for losses re- or jury, or loss of or damage to property result- sulting from any injury or death sustained ‘‘(E) a government astronaut.’’. ing from launch services and reentry services by its employees or agents, as a result of ac- (b) CONFORMING AMENDMENT.—The table of carried out under the contract that the con- tivities arising out of the performance of the contents for subchapter III of chapter 201 of tract defines as unusually hazardous or nu- contract. title 51, United States Code, is amended by clear in nature, but only to the extent the ‘‘(2) LIMITATION.—The waiver made by the inserting after the item relating to section total amount of successful claims related to Government under paragraph (1) shall apply 20147 the following: the activities under the contract— only to the extent that the claims are more ‘‘20148. Indemnification; NASA launch serv- ‘‘(1) is more than the amount of insurance than the amount of insurance or demonstra- ices and reentry services.’’. or demonstration of financial responsibility tion of financial responsibility required described in subsection (c)(3); and TITLE IV—ADVANCING HUMAN DEEP under subsection (c)(1)(B). SPACE EXPLORATION ‘‘(2) is not more than the amount specified ‘‘(f) WILLFUL MISCONDUCT.—Indemnifica- in section 50915(a)(1)(B). tion under subsection (a) may exclude claims Subtitle A—Human Space Flight and ‘‘(b) TERMS OF INDEMNIFICATION.—A con- resulting from the willful misconduct of the Exploration Goals and Objectives tract made under subsection (a) that pro- provider or its related entities. SEC. 411. HUMAN SPACE FLIGHT AND EXPLO- vides indemnification shall provide for— ‘‘(g) CERTIFICATION OF JUST AND REASON- RATION LONG-TERM GOALS. ‘‘(1) notice to the United States of any ABLE AMOUNT.—No payment may be made Section 202(a) of the National Aeronautics claim or suit against the provider for death, under subsection (a) unless the Adminis- and Space Administration Authorization Act bodily injury, or loss of or damage to prop- trator or the Administrator’s designee cer- of 2010 (42 U.S.C. 18312(a)) is amended to read erty; and tifies that the amount is just and reasonable. as follows: ‘‘(2) control of or assistance in the defense ‘‘(h) PAYMENTS.— ‘‘(a) LONG-TERM GOALS.—The long-term by the United States, at its election, of that ‘‘(1) IN GENERAL.—Upon the approval by the goals of the human space flight and explo- claim or suit and approval of any settlement. Administrator, payments under subsection ration efforts of NASA shall be— ‘‘(c) LIABILITY INSURANCE OF THE PRO- (a) may be made from funds appropriated for ‘‘(1) to expand permanent human presence VIDER.— such payments. beyond low-Earth orbit and to do so, where ‘‘(1) IN GENERAL.—The provider under sub- ‘‘(2) LIMITATION.—The Administrator shall practical, in a manner involving intersection (a) shall obtain liability insurance or not approve payments under paragraph (1), national, academic, and industry partners; demonstrate financial responsibility in except to the extent provided in an appro- ‘‘(2) crewed missions and progress toward amounts to compensate for the maximum priation law or to the extent additional leg- achieving the goal in paragraph (1) to enable probable loss from claims by— islative authority is enacted providing for the potential for subsequent human explo- ‘‘(A) a third party for death, bodily injury, such payments. ration and the extension of human presence or property damage or loss resulting from a ‘‘(3) ADDITIONAL APPROPRIATIONS.—If the throughout the solar system; and launch service or reentry service carried out Administrator requests additional appropria- ‘‘(3) to enable a capability to extend under the contract; and tions to make payments under this sub- human presence, including potential human ‘‘(B) the United States Government for section, then the request for those appropria- habitation on another celestial body and a damage or loss to Government property re- tions shall be made in accordance with the thriving space economy in the 21st Cen- sulting from a launch service or reentry procedures established under section 50915. tury.’’. service carried out under the contract. ‘‘(i) RULES OF CONSTRUCTION.— SEC. 412. KEY OBJECTIVES. ‘‘(2) MAXIMUM PROBABLE LOSSES.— ‘‘(1) IN GENERAL.—The authority to indem- Section 202(b) of the National Aeronautics ‘‘(A) IN GENERAL.—The Administrator shall nify under this section shall not create any and Space Administration Authorization Act determine the maximum probable losses rights in third persons that would not other- of 2010 (42 U.S.C. 18312(b)) is amended— under subparagraphs (A) and (B) of para- wise exist by law. (1) in paragraph (3), by striking ‘‘; and’’ and graph (1) not later than 90 days after the ‘‘(2) OTHER AUTHORITY.—Nothing in this inserting a semicolon; date that the provider requests such a deter- section may be construed as prohibiting the (2) in paragraph (4), by striking the period mination and submits all information the Administrator from indemnifying a provider at the end and inserting ‘‘; and’’; and Administrator requires. or any other NASA contractor under other (3) by adding at the end the following: ‘‘(B) REVISIONS.—The Administrator may law, including under Public Law 85–804 (50 ‘‘(5) to achieve human exploration of Mars revise a determination under subparagraph U.S.C. 1431 et seq.). and beyond through the prioritization of

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00133 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.135 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7064 CONGRESSIONAL RECORD — SENATE December 9, 2016

those technologies and capabilities best suit- able human and robotic operations con- (2) REAFFIRMATION.—Congress reaffirms ed for such a mission in accordance with the sistent with section 20302(b) of this title;’’. the policy and minimum capability require- stepping stone approach to exploration under SEC. 416. REPEALS. ments for the Space Launch System under section 70504 of title 51, United States (a) SPACE SHUTTLE CAPABILITY ASSUR- section 302 of the National Aeronautics and Code.’’. ANCE.—Section 203 of the National Aero- Space Administration Authorization Act of SEC. 413. VISION FOR SPACE EXPLORATION. nautics and Space Administration Author- 2010 (42 U.S.C. 18322). Section 20302 of title 51, United States ization Act of 2010 (42 U.S.C. 18313) is amend- (c) SENSE OF CONGRESS ON SPACE LAUNCH Code, is amended— ed— SYSTEM, ORION, AND EXPLORATION GROUND (1) in subsection (a), by inserting ‘‘in cis- (1) by striking subsection (b); SYSTEMS.—It is the sense of Congress that— lunar space or’’ after ‘‘sustained human pres- (2) in subsection (d), by striking ‘‘sub- (1) as the United States works to send hu- ence’’; section (c)’’ and inserting ‘‘subsection (b)’’; mans on a series of missions to Mars in the (2) by amending subsection (b) to read as and 2030s, the United States national space pro- follows: (3) by redesignating subsections (c) and (d) gram should continue to make progress on ‘‘(b) FUTURE EXPLORATION OF MARS.—The as subsections (b) and (c), respectively. its commitment by fully developing the Administrator shall manage human space (b) SHUTTLE PRICING POLICY FOR COMMER- Space Launch System, Orion, and related flight programs, including the Space Launch CIAL AND FOREIGN USERS.—Chapter 703 of Exploration Ground Systems; System and Orion, to enable humans to ex- title 51, United States Code, and the item re- (2) using the Space Launch System and plore Mars and other destinations by defin- lating to that chapter in the table of chap- Orion for a wide range of contemplated mis- ing a series of sustainable steps and con- ters for that title, are repealed. sions will facilitate the national defense, ducting mission planning, research, and (c) SHUTTLE PRIVATIZATION.—Section 50133 science, and exploration objectives of the technology development on a timetable that of title 51, United States Code, and the item United States; is technically and fiscally possible, con- relating to that section in the table of sec- (3) the United States should have continuity of purpose for the Space Launch Sys- sistent with section 70504.’’; and tions for chapter 501 of that title, are re- tem and Orion in deep space exploration mis- (3) by adding at the end the following: pealed. sions, using them beginning with the ‘‘(c) DEFINITIONS.—In this section: SEC. 417. ASSURED ACCESS TO SPACE. uncrewed mission, EM–1, planned for 2018, ‘‘(1) ORION.—The term ‘Orion’ means the Section 70501 of title 51, United States followed by the crewed mission, EM–2, in cis- multipurpose crew vehicle described under Code, is amended— lunar space planned for 2021, and for subse- section 303 of the National Aeronautics and (1) by amending subsection (a) to read as quent missions beginning with EM–3 extend- Space Administration Authorization Act of follows: ing into cis-lunar space and eventually to 2010 (42 U.S.C. 18323). ‘‘(a) POLICY STATEMENT.—In order to en- Mars; ‘‘(2) SPACE LAUNCH SYSTEM.—The term sure continuous United States participation (4) the President’s annual budget requests ‘Space Launch System’ means has the mean- and leadership in the exploration and utiliza- for the Space Launch System and Orion de- ing given the term in section 3 of the Na- tion of space and as an essential instrument velopment, test, and operational phases tional Aeronautics and Space Administra- of national security, it is the policy of the should strive to accurately reflect the re- tion Authorization Act of 2010 (42 U.S.C. United States to maintain an uninterrupted source requirements of each of those phases; 18302).’’. capability for human space flight and oper- (5) the fully integrated Space Launch Sys- SEC. 414. STEPPING STONE APPROACH TO EX- ations— tem, including an upper stage needed to go PLORATION. ‘‘(1) in low-Earth orbit; and beyond low-Earth orbit, will safely enable Section 70504 of title 51, United States ‘‘(2) beyond low-Earth orbit once the capa- human space exploration of the Moon, Mars, Code, is amended to read as follows: bilities described in section 421(e) of the Na- and beyond; and ‘‘§ 70504. Stepping stone approach to explo- tional Aeronautics and Space Administra- (6) the Administrator should budget for ration tion Transition Authorization Act of 2016 be- and undertake a robust ground test and come available.’’; and ‘‘(a) IN GENERAL.—The Administration uncrewed and crewed flight test and dem- may conduct missions to intermediate des- (2) in subsection (b), by striking ‘‘Com- onstration program for the Space Launch tinations, including the surface of the Moon, mittee on Science and Technology of the System and Orion in order to promote safety cis-lunar space, near-Earth asteroids, House of Representatives and the Committee and reduce programmatic risk. Lagrangian points, and Martian moons, in a on Commerce, Science, and Transportation (d) IN GENERAL.—The Administrator shall series of sustainable steps in accordance of the Senate describing the progress being continue development of the fully integrated with section 20302(b) of title 51, United made toward developing the Crew Explo- Space Launch System, including an upper States Code, in order to achieve the objec- ration Vehicle and the Crew Launch Vehi- stage needed to go beyond low-Earth orbit, tive of human exploration of Mars specified cle’’ and inserting ‘‘Committee on Com- in order to safely enable human space explo- in section 202(b)(5) of the National Aero- merce, Science, and Transportation of the ration of the Moon, Mars, and beyond over nautics and Space Administration Author- Senate and the Committee on Science, the course of the next century as required in ization Act of 2010 (42 U.S.C. 18312(b)(5)). Space, and Technology of the House of Rep- section 302(c) of the National Aeronautics ‘‘(b) COST-EFFECTIVENESS.—In order to resentatives describing the progress being and Space Administration Authorization Act maximize the cost-effectiveness of the long- made toward developing the Space Launch of 2010 (42 U.S.C. 18322(c)). XPLORATION MISSIONS.—The Adminis- term space exploration and utilization ac- System and Orion’’. (e) E trator shall continue development of— tivities of the United States, the Adminis- Subtitle B—Assuring Core Capabilities for (1) an uncrewed exploration mission to trator shall take all necessary steps, includ- Exploration demonstrate the capability of both the Space ing engaging international, academic, and SEC. 421. SPACE LAUNCH SYSTEM, ORION, AND Launch System and Orion as an integrated industry partners, to ensure that activities EXPLORATION GROUND SYSTEMS. system by 2018; in the Administration’s human space explo- (a) FINDINGS.—Congress makes the fol- (2) subject to applicable human rating ration program balance how those activities lowing findings: processes and requirements, a crewed explo- might also help meet the requirements of fu- (1) NASA has made steady progress in de- ration mission to demonstrate the Space veloping and testing the Space Launch Sys- ture exploration and utilization activities Launch System, including the Core Stage tem and Orion exploration systems with the leading to human habitation on the surface and Exploration Upper Stages, by 2021; of Mars. successful Exploration Flight Test of Orion (3) subsequent missions beginning with ‘‘(c) COMPLETION.—Within budgetary con- in December of 2014, the final qualification EM–3 at operational flight rate sufficient to siderations, once an exploration-related test firing of the 5-segment Space Launch maintain safety and operational readiness project enters its development phase, the Ad- System boosters in June 2016, and a full using the Space Launch System and Orion to ministrator shall seek, to the maximum ex- thrust, full duration test firing of the RS–25 extend into cis-lunar space and eventually to tent practicable, to complete that project Space Launch System core stage engine in Mars; and without undue delays. August 2016. (4) a deep space habitat as a key element in ‘‘(d) INTERNATIONAL PARTICIPATION.—In (2) Through the 21st Century Launch Com- a deep space exploration architecture along order to achieve the goal of successfully con- plex program and Exploration Ground Sys- with the Space Launch System and Orion. ducting a crewed mission to the surface of tems programs, NASA has made significant (f) OTHER USES.—The Administrator shall Mars, the President may invite the United progress in transforming exploration ground assess the utility of the Space Launch Sys- States partners in the ISS program and systems infrastructure to meet NASA’s mis- tem for use by the science community and other nations, as appropriate, to participate sion requirements for the Space Launch Sys- for other Federal Government launch needs, in an international initiative under the lead- tem and Orion and to modernize NASA’s including consideration of overall cost and ership of the United States.’’. launch complexes to the benefit of the civil, schedule savings from reduced transit times SEC. 415. UPDATE OF EXPLORATION PLAN AND defense, and commercial space sectors. and increased science returns enabled by the PROGRAMS. (b) SPACE LAUNCH SYSTEM.— unique capabilities of the Space Launch Sys- Section 70502(2) of title 51, United States (1) SENSE OF CONGRESS.—It is the sense of tem. Code, is amended to read as follows: Congress that the Space Launch System is (g) UTILIZATION REPORT.— ‘‘(2) implement an exploration research the most practical approach to reaching the (1) IN GENERAL.—The Administrator, in and technology development program to en- Moon, Mars, and beyond. consultation with the Secretary of Defense

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00134 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.135 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7065 and the Director of National Intelligence, (1) expanding human presence beyond low- research data that could be gained through shall prepare a report that addresses the ef- Earth orbit and advancing toward human the utilization of the ISS and the status of fort and budget required to enable and uti- missions to Mars in the 2030s requires early the development of such capabilities and lize a cargo variant of the 130-ton Space strategic planning and timely decisions to be technologies; Launch System configuration described in made in the near-term on the necessary (K) a framework for international coopera- section 302(c) of the National Aeronautics courses of action for commitments to tion in the development of all capabilities and Space Administration Authorization Act achieve short-term and long-term goals and and technologies identified under this sec- of 2010 (42 U.S.C. 18322(c)). objectives; tion, including an assessment of the risks (2) CONTENTS.—In preparing the report, the (2) for strong and sustained United States posed by relying on international partners Administrator shall— leadership, a need exists to advance a human for capabilities and technologies on the crit- (A) consider the technical requirements of exploration roadmap, addressing exploration ical path of development; the scientific and national security commu- objectives in collaboration with inter- (L) a process for partnering with non- nities related to a cargo variant of the Space national, academic, and industry partners; governmental entities using Space Act Launch System; and (3) an approach that incrementally ad- Agreements or other acquisition instruments (B) directly assess the utility and esti- vances toward a long-term goal is one in for future human space exploration; and mated cost savings obtained by using a cargo which nearer-term developments and imple- (M) include information on the phasing of variant of the Space Launch System for na- mentation would influence future develop- planned intermediate destinations, Mars tional security and space science missions. ment and implementation; and mission risk areas and potential risk mitiga- (3) SUBMISSION TO CONGRESS.—Not later (4) a human exploration roadmap should tion approaches, technology requirements than 180 days after the date of enactment of begin with low-Earth orbit, then address in and phasing of required technology develop- this Act, the Administrator shall submit the greater detail progress beyond low-Earth ment activities, the management strategy to report to the appropriate committees of Con- orbit to cis-lunar space, and then address fu- be followed, related ISS activities, planned gress. ture missions aimed at human arrival and international collaborative activities, poten- Subtitle C—Journey to Mars activities near and then on the surface of tial commercial contributions, and other ac- SEC. 431. FINDINGS ON HUMAN SPACE EXPLO- Mars. tivities relevant to the achievement of the RATION. (b) HUMAN EXPLORATION ROADMAP.— goal established in this section. Congress makes the following findings: (1) IN GENERAL.—The Administrator shall (3) CONSIDERATIONS.—In developing the (1) In accordance with section 204 of the develop a human exploration roadmap, in- human exploration roadmap, the Adminis- National Aeronautics and Space Administra- cluding a critical decision plan, to expand trator shall consider— tion Authorization Act of 2010 (124 Stat. human presence beyond low-Earth orbit to (A) using key exploration capabilities, 2813), the National Academies of Sciences, the surface of Mars and beyond, considering namely the Space Launch System and Orion; Engineering, and Medicine, through its Com- potential interim destinations such as cis- (B) using existing commercially available mittee on Human Spaceflight, conducted a lunar space and the moons of Mars. technologies and capabilities or those tech- review of the goals, core capabilities, and di- (2) SCOPE.—The human exploration road- nologies and capabilities being developed by rection of human space flight, and published map shall include— industry for commercial purposes; the findings and recommendations in a 2014 (A) an integrated set of exploration, (C) establishing an organizational ap- report entitled, ‘‘Pathways to Exploration: science, and other goals and objectives of a proach to ensure collaboration and coordina- Rationales and Approaches for a U.S. Pro- United States human space exploration pro- tion among NASA’s Mission Directorates gram of Human Space Exploration’’. gram to achieve the long-term goal of human under section 821, when appropriate, includ- (2) The Committee on Human Spaceflight missions near or on the surface of Mars in ing to collect and return to Earth a sample included leaders from the aerospace, sci- the 2030s; from the Martian surface; entific, security, and policy communities. (B) opportunities for international, aca- (D) building upon the initial uncrewed mis- (3) With input from the public, the Com- demic, and industry partnerships for explosion, EM–1, and first crewed mission, EM–2, mittee on Human Spaceflight concluded that ration-related systems, services, research, of the Space Launch System and Orion to es- many practical and aspirational rationales and technology if those opportunities pro- tablish a sustainable cadence of missions ex- for human space flight together constitute a vide cost-savings, accelerate program sched- tending human exploration missions into cis- compelling case for continued national in- ules, or otherwise benefit the goals and ob- lunar space, including anticipated timelines vestment and pursuit of human space explo- jectives developed under subparagraph (A); and milestones; ration toward the horizon goal of Mars. (C) sets and sequences of precursor mis- (E) developing the robotic and precursor (4) According to the Committee on Human sions in cis-lunar space and other missions missions and activities that will dem- Spaceflight, the rationales include economic or activities necessary— onstrate, test, and develop key technologies benefits, national security, national pres- (i) to demonstrate the proficiency of the and capabilities essential for achieving tige, inspiring students and other citizens, capabilities and technologies identified human missions to Mars, including long-du- scientific discovery, human survival, and a under subparagraph (D); and ration human operations beyond low-Earth sense of shared destiny. (ii) to meet the goals and objectives devel- orbit, space suits, solar electric propulsion, (5) The Committee on Human Spaceflight oped under subparagraph (A), including an- deep space habitats, environmental control affirmed that Mars is the appropriate long- ticipated timelines and missions for the life support systems, Mars lander and ascent term goal for the human space flight pro- Space Launch System and Orion; vehicle, entry, descent, landing, ascent, Mars gram. (D) an identification of the specific capa- surface systems, and in-situ resource utiliza- (6) The Committee on Human Spaceflight bilities and technologies, including the tion; recommended that NASA define a series of Space Launch System, Orion, a deep space (F) demonstrating and testing 1 or more sustainable steps and conduct mission plan- habitat, and other capabilities, that facili- habitat modules in cis-lunar space to prepare ning and technology development as needed tate the goals and objectives developed for Mars missions; to achieve the long-term goal of placing hu- under subparagraph (A); (G) using public-private, firm fixed-price mans on the surface of Mars. (E) a description of how cis-lunar elements, partnerships, where practicable; (7) Expanding human presence beyond low- objectives, and activities advance the human (H) collaborating with international, aca- Earth orbit and advancing toward human exploration of Mars; demic, and industry partners, when appro- missions to Mars requires early planning and (F) an assessment of potential human priate; timely decisions to be made in the near-term health and other risks, including radiation (I) any risks to human health and sensitive on the necessary courses of action for com- exposure; onboard technologies, including radiation mitments to achieve short-term and long- (G) mitigation plans, whenever possible, to exposure; term goals and objectives. address the risks identified in subparagraph (J) any risks identified through research (8) In addition to the 2014 report described (F); outcomes under the NASA Human Research in paragraph (1), there are several independ- (H) a description of those technologies al- Program’s Behavioral Health Element; and ently developed reports or concepts that de- ready under development across the Federal (K) the recommendations and ideas of sev- scribe potential Mars architectures or con- Government or by other entities that facili- eral independently developed reports or concepts and identify Mars as the long-term tate the goals and objectives developed cepts that describe potential Mars architec- goal for human space exploration, including under subparagraph (A); tures or concepts and identify Mars as the NASA’s ‘‘The Global Exploration Roadmap’’ (I) a specific process for the evolution of long-term goal for human space exploration, of 2013, ‘‘NASA’s Journey to Mars–Pio- the capabilities of the fully integrated Orion including the reports described under section neering Next Steps in Space Exploration’’ of with the Space Launch System and a de- 431. 2015, NASA Jet Propulsion Laboratory’s scription of how these systems facilitate the (4) CRITICAL DECISION PLAN ON HUMAN SPACE ‘‘Minimal Architecture for Human Journeys goals and objectives developed under sub- EXPLORATION.—As part of the human explo- to Mars’’ of 2015, and Explore Mars’ ‘‘The Hu- paragraph (A) and demonstrate the capabili- ration roadmap, the Administrator shall in- mans to Mars Report 2016’’. ties and technologies described in subpara- clude a critical decision plan— SEC. 432. HUMAN EXPLORATION ROADMAP. graph (D); (A) identifying and defining key decisions (a) SENSE OF CONGRESS.—It is the sense of (J) a description of the capabilities and guiding human space exploration priorities Congress that— technologies that need to be demonstrated or and plans that need to be made before June

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00135 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.135 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7066 CONGRESSIONAL RECORD — SENATE December 9, 2016 30, 2020, including decisions that may guide der, such as asteroid science and planetary 2017 under section 1105 of title 31, United human space exploration capability develop- defense, do not have value commensurate States Code. ment, precursor missions, long-term mis- with their probable cost. (c) REPORT.—Not later than 180 days after sions, and activities; (5) The Asteroid Robotic Redirect Mission the date of enactment of this Act, the Ad- (B) defining decisions needed to maximize is competing for resources with other crit- ministrator shall submit to the appropriate efficiencies and resources for reaching the ical exploration development programs, in- committees of Congress a report on the near, intermediate, and long-term goals and cluding the Space Launch System, Orion, study, including findings and recommenda- objectives of human space exploration; and commercial crew, and a habitation module. tions regarding the Mars 2033 human space (C) identifying and defining timelines and (6) In 2014, the NASA Advisory Council rec- flight mission described in subsection (a). milestones for a sustainable cadence of mis- ommended that NASA conduct an inde- (d) ASSESSMENT.—Not later than 60 days sions beginning with EM–3 for the Space pendent cost and technical assessment of the after the date the report is submitted under Launch System and Orion to extend human Asteroid Robotic Redirect Mission. subsection (c), the Administrator shall sub- exploration from cis-lunar space to the sur- (7) In 2015, the NASA Advisory Council rec- mit to the appropriate committees of Con- face of Mars. ommended that NASA preserve the following gress an assessment by the NASA Advisory (5) REPORTS.— key objectives if the program needed to be Council of whether the proposal for a Mars (A) INITIAL HUMAN EXPLORATION ROADMAP.— descoped: human space flight mission to be launched in The Administrator shall submit to the ap- (A) Development of high power solar elec- 2033 is in the strategic interests of the propriate committees of Congress— tric propulsion. United States in space exploration. (i) an initial human exploration roadmap, (B) Ability to maneuver in a low gravity Subtitle D—TREAT Astronauts Act including a critical decision plan, before De- environment in deep space. SEC. 441. SHORT TITLE. cember 1, 2017; and (8) In January 2015 and July 2015, the This subtitle may be cited as the ‘‘To Re- (ii) an updated human exploration roadmap NASA Advisory Council expressed its con- search, Evaluate, Assess, and Treat Astro- periodically as the Administrator considers cern to NASA about the potential for grow- nauts Act’’ or the ‘‘TREAT Astronauts Act’’. necessary but not less than biennially. ing costs for the program and highlighted SEC. 442. FINDINGS; SENSE OF CONGRESS. (B) CONTENTS.—Each human exploration that choices would need to be made about (a) FINDINGS.—Congress makes the fol- roadmap under this paragraph shall include the program’s content. lowing findings: a description of— (b) SENSE OF CONGRESS.—It is the sense of (1) Human space exploration can pose sig- (i) the achievements and goals accom- Congress that— nificant challenges and is full of substantial plished in the process of developing such ca- (1) the technological and scientific goals of risk, which has ultimately claimed the lives pabilities and technologies during the 2-year the Asteroid Robotic Redirect Mission may of 24 National Aeronautics and Space Admin- period prior to the submission of the human not be commensurate with the cost; and istration astronauts serving in the line of exploration roadmap; and (2) alternative missions may provide a duty. (ii) the expected goals and achievements in more cost effective and scientifically bene- (2) As United States government astro- the following 2- year period. ficial means to demonstrate the technologies nauts participate in long-duration and explo- (C) SUBMISSION WITH BUDGET.—Each human needed for a human mission to Mars that ration space flight missions they may experi- exploration roadmap under this section shall would otherwise be demonstrated by the As- ence increased health risks, such as vision be included in the budget for that fiscal year teroid Robotic Redirect Mission. impairment, bone demineralization, and be- transmitted to Congress under section (c) EVALUATION AND REPORT.—Not later havioral health and performance risks, and 1105(a) of title 31, United States Code. than 180 days after the date of enactment of may be exposed to galactic cosmic radiation. SEC. 433. ADVANCED SPACE SUIT CAPABILITY. this Act, the Administrator shall— Exposure to high levels of radiation and Not later than 90 days after the date of en- (1) conduct an evaluation of— microgravity can result in acute and long- actment of this Act, the Administrator shall (A) alternative approaches to the Asteroid term health consequences that can increase submit to the appropriate committees of Robotic Redirect Mission for demonstrating the risk of cancer and tissue degeneration Congress a detailed plan for achieving an ad- the technologies and capabilities needed for and have potential effects on the musculo- vanced space suit capability that aligns with a human mission to Mars that would other- skeletal system, central nervous system, the crew needs for exploration enabled by wise be demonstrated by the Asteroid cardiovascular system, immune function, the Space Launch System and Orion, includ- Robotic Redirect Mission; and vision. ing an evaluation of the merit of delivering (B) the scientific and technical benefits of (3) To advance the goal of long-duration the planned suit system for use on the ISS. the alternative approaches under subpara- and exploration space flight missions, United SEC. 434. ASTEROID ROBOTIC REDIRECT MIS- graph (A) to future human space exploration States government astronaut Scott Kelly SION. compared to scientific and technical benefits participated in a 1-year twins study in space (a) FINDINGS.—Congress makes the fol- of the Asteroid Redirect Robotic Mission; while his identical twin brother, former lowing findings: (C) the commercial benefits of the alter- United States government astronaut Mark (1) NASA initially estimated that the As- native approaches identified in subparagraph Kelly, acted as a human control specimen on teroid Robotic Redirect Mission would (A), including the impact on the develop- Earth, providing an understanding of the launch in December 2020 and cost no more ment of domestic solar electric propulsion physical, behavioral, microbiological, and than $1,250,000,000, excluding launch and op- technology to bolster United States competi- molecular reaction of the human body to an erations. tiveness in the global marketplace; and extended period of time in space. (2) On July 15, 2016, NASA conducted its (D) a comparison of the estimated costs of (4) Since the Administration currently pro- Key Decision Point–B review of the Asteroid the alternative approaches identified in sub- vides medical monitoring, diagnosis, and Robotic Redirect Mission or approval for paragraph (A); and treatment for United States government as- Phase B in mission formulation. (2) submit to the appropriate committees tronauts during their active employment, (3) During the Key Decision Point–B re- of Congress a report on the evaluation under given the unknown long-term health con- view, NASA estimated that costs have grown paragraph (1), including any recommenda- sequences of long-duration space explo- to $1,400,000,000 excluding launch and oper- tions. ration, the Administration has requested ations for a launch in December 2021 and the SEC. 435. MARS 2033 REPORT. statutory authority from Congress to pro- agency must evaluate whether to accept the (a) IN GENERAL.—Not later than 120 days vide medical monitoring, diagnosis, and increase or reduce the Asteroid Robotic Re- after the date of enactment of this Act, the treatment to former United States govern- direct Mission’s scope to stay within the cost Administrator shall contract with an inde- ment astronauts for psychological and med- cap set by the Administrator. pendent, non-governmental systems engi- ical conditions associated with human space (4) In April 2015, the NASA Advisory Coun- neering and technical assistance organiza- flight. cil— tion to study a Mars human space flight mis- (b) SENSE OF CONGRESS.—It is the sense of (A) issued a finding that— sion to be launched in 2033. Congress that— (i) high-performance solar electric propul- (b) CONTENTS.—The study shall include— (1) the United States should continue to sion will likely be an important part of an (1) a technical development, test, fielding, seek the unknown and lead the world in architecture to send humans to Mars; and and operations plan using the Space Launch space exploration and scientific discovery as (ii) maneuvering a large test mass is not System, Orion, and other systems to success- the Administration prepares for long-dura- necessary to provide a valid in-space test of fully launch such a Mars human space flight tion and exploration space flight in deep a new solar electric propulsion stage; mission by 2033; space and an eventual mission to Mars; (B) determined that a solar electric propul- (2) an annual budget profile, including cost (2) data relating to the health of astro- sion mission will contribute more directly to estimates, for the technical development, nauts will become increasingly valuable to the goal of sending humans to Mars if the test, fielding, and operations plan to carry improving our understanding of many dis- mission is focused entirely on development out a Mars human space flight mission by eases humans face on Earth; and validation of the solar electric propul- 2033; and (3) the Administration should provide the sion stage; and (3) a comparison of the annual budget pro- type of monitoring, diagnosis, and treatment (C) determined that other possible motiva- file to the 5-year budget profile contained in described in subsection (a) only for conditions for acquiring and maneuvering a boul- the President’s budget request for fiscal year tions the Administration considers unique to

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00136 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.135 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7067 the training or exposure to the space flight of the former United States government as- States Code, the Administrator shall publish environment of United States government tronaut or former payload specialist in- a report, in accordance with applicable Fed- astronauts and should not require any volved to the extent such items or services eral privacy laws, on the activities of the Ad- former United States Government astro- are authorized to be provided by the Admin- ministration under section 20149 of title 51, nauts to participate in the Administration’s istrator for such medical monitoring, diag- United States Code. monitoring; nosis, or treatment under subsection (a). (2) CONTENTS.—Each report under para- (4) such monitoring, diagnosis, and treat- ‘‘(4) CONDITIONAL PAYMENT.—The Adminis- graph (1) shall include a detailed cost ac- ment should not replace a former United trator may provide for conditional payments counting of the Administration’s activities States government astronaut’s private for or provide medical monitoring, diagnosis, under section 20149 of title 51, United States health insurance; or treatment described in subsection (a) that Code, and a 5-year budget estimate. (5) expanded data acquired from such moni- is obligated to be paid for or provided by the (3) SUBMISSION TO CONGRESS.—The Admin- toring, diagnosis, and treatment should be United States or any third party under any istrator shall submit to the appropriate com- used to tailor treatment, inform the require- other provision of law or contractual agree- mittees of Congress each report under para- ments for new space flight medical hard- ment to pay for or provide such medical graph (1) not later than the date of submis- ware, and develop controls in order to pre- monitoring, diagnosis, or treatment if— sion of the President’s annual budget request vent disease occurrence in the astronaut ‘‘(A) payment for (or the provision of) such for that fiscal year under section 1105 of title corps; and medical monitoring, diagnosis, or treatment 31, United States Code. (6) the 340-day space mission of Scott Kelly services has not been made (or provided) or (d) COST ESTIMATE.— aboard the ISS— cannot reasonably be expected to be made (1) REQUIREMENT.—Not later than 90 days (A) was pivotal for the goal of the United (or provided) promptly by the United States after the date of enactment of this Act, the States for humans to explore deep space and or such third party, respectively; and Administrator shall enter into an arrange- Mars as the mission generated new insight ‘‘(B) such payment (or such provision of ment with an independent external organiza- into how the human body adjusts to services) by the Administrator is conditioned tion to undertake an independent cost esti- weightlessness, isolation, radiation, and the on reimbursement by the United States or mate of the cost to the Administration and stress of long-duration space flight; and such third party, respectively, for such med- the Federal Government to implement and (B) will help support the physical and men- ical monitoring, diagnosis, or treatment. administer the activities of the Administra- tal well-being of astronauts during longer ‘‘(c) EXCLUSIONS.—The Administrator may tion under section 20149 of title 51, United space exploration missions in the future. not— States Code. The independent external orga- SEC. 443. MEDICAL MONITORING AND RESEARCH ‘‘(1) provide for medical monitoring or di- nization may not be a NASA entity, such as RELATING TO HUMAN SPACE agnosis of a former United States govern- the Office of Safety and Mission Assurance. FLIGHT. ment astronaut or former payload specialist (2) SUBMITTAL TO CONGRESS.—Not later (a) IN GENERAL.—Subchapter III of chapter under subsection (a) for any psychological or than 1 year after the date of the enactment 201 of title 51, United States Code, as amend- medical condition that is not potentially as- of this Act, the Administrator shall submit ed by section 305 of this Act, is further sociated with human space flight; to the appropriate committees of Congress amended by adding at the end the following: ‘‘(2) provide for treatment of a former the independent cost estimate under para- ‘‘§ 20149. Medical monitoring and research re- United States government astronaut or graph (1). lating to human space flight former payload specialist under subsection (e) PRIVACY STUDY.— ‘‘(a) IN GENERAL.—Notwithstanding any (a) for any psychological or medical condi- (1) STUDY.—The Administrator shall carry other provision of law, the Administrator tion that is not associated with human space out a study on any potential privacy or legal may provide for— flight; or issues related to the possible sharing beyond ‘‘(1) the medical monitoring and diagnosis ‘‘(3) require a former United States govern- the Federal Government of data acquired of a former United States government astro- ment astronaut or former payload specialist under the activities of the Administration naut or a former payload specialist for condi- to participate in the medical monitoring, di- under section 20149 of title 51, United States tions that the Administrator considers po- agnosis, or treatment authorized under sub- Code. tentially associated with human space flight; section (a). (2) REPORT.—Not later than 270 days after and ‘‘(d) PRIVACY.—Consistent with applicable the date of enactment of this Act, the Ad- ‘‘(2) the treatment of a former United provisions of Federal law relating to privacy, ministrator shall submit to the appropriate States government astronaut or a former the Administrator shall protect the privacy committees of Congress a report containing payload specialist for conditions that the of all medical records generated under sub- the results of the study carried out under Administrator considers associated with section (a) and accessible to the Administra- paragraph (1). tion. human space flight, including scientific and (f) INSPECTOR GENERAL AUDIT.—The Inspec- ‘‘(e) REGULATIONS.—The Administrator medical tests for psychological and medical tor General of NASA shall periodically audit shall promulgate such regulations as are conditions. or review, as the Inspector General considers necessary to carry out this section. ‘‘(b) REQUIREMENTS.— necessary to prevent waste, fraud, and abuse, ‘‘(f) DEFINITION OF UNITED STATES GOVERN- ‘‘(1) NO COST SHARING.—The medical moni- the activities of the Administration under MENT ASTRONAUT.—In this section, the term toring, diagnosis, or treatment described in section 20149 of title 51, United States Code. subsection (a) shall be provided without any ‘United States government astronaut’ has deductible, copayment, or other cost sharing the meaning given the term ‘government as- TITLE V—ADVANCING SPACE SCIENCE obligation. tronaut’ in section 50902, except it does not SEC. 501. MAINTAINING A BALANCED SPACE ‘‘(2) ACCESS TO LOCAL SERVICES.—The med- include an individual who is an international SCIENCE PORTFOLIO. partner astronaut. ical monitoring, diagnosis, and treatment (a) SENSE OF CONGRESS ON SCIENCE PORT- ‘‘(g) DATA USE AND DISCLOSURE.—The Ad- described in subsection (a) may be provided FOLIO.—Congress reaffirms the sense of Con- ministrator may use or disclose data ac- by a local health care provider if it is gress that— quired in the course of medical monitoring, unadvisable due to the health of the applica- (1) a balanced and adequately funded set of diagnosis, or treatment of a former United ble former United States government astro- activities, consisting of research and anal- States government astronaut or a former naut or former payload specialist for that ysis grant programs, technology develop- payload specialist under subsection (a), in former United States government astronaut ment, suborbital research activities, and accordance with subsection (d). Former or former payload specialist to travel to the small, medium, and large space missions, United States government astronaut or Lyndon B. Johnson Space Center, as deter- contributes to a robust and productive former payload specialist participation in mined by the Administrator. science program and serves as a catalyst for medical monitoring, diagnosis, or treatment ‘‘(3) SECONDARY PAYMENT.—Payment or re- innovation and discovery; and under subsection (a) shall constitute consent imbursement for the medical monitoring, di- (2) the Administrator should set science for the Administrator to use or disclose such agnosis, or treatment described in subsection priorities by following the guidance provided data.’’. (a) shall be secondary to any obligation of by the scientific community through the Na- (b) TABLE OF CONTENTS.—The table of con- the United States Government or any third tional Academies of Sciences, Engineering, tents for chapter 201 of title 51, United party under any other provision of law or and Medicine’s decadal surveys. contractual agreement to pay for or provide States Code, as amended by section 305 of this Act, is further amended by inserting (b) POLICY.—It is the policy of the United such medical monitoring, diagnosis, or treat- States to ensure, to the extent practicable, a ment. Any costs for items and services that after the item relating to section 20148 the following: steady cadence of large, medium, and small may be provided by the Administrator for science missions. medical monitoring, diagnosis, or treatment ‘‘20149. Medical monitoring and research re- under subsection (a) that are not paid for or lating to human space flight.’’. SEC. 502. PLANETARY SCIENCE. provided under such other provision of law or (c) ANNUAL REPORTS.— (a) FINDINGS.—Congress finds that— contractual agreement, due to the applica- (1) IN GENERAL.—Each fiscal year, not later (1) Administration support for planetary tion of deductibles, copayments, coinsur- than the date of submission of the Presi- science is critical to enabling greater under- ance, other cost sharing, or otherwise, are dent’s annual budget request for that fiscal standing of the solar system and the origin reimbursable by the Administrator on behalf year under section 1105 of title 31, United of the Earth;

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00137 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.135 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7068 CONGRESSIONAL RECORD — SENATE December 9, 2016

(2) the United States leads the world in (1) the Mars 2020 mission, to develop a (c) REPORT TO CONGRESS.—Not later than planetary science and can augment its suc- Mars rover and to enable the return of sam- 18 months after the date of enactment of this cess in that area with appropriate inter- ples to Earth, should remain a priority for Act, the National Academies shall submit to national, academic, and industry partner- NASA; and the Administrator and to the appropriate ships; (2) the Mars 2020 mission— committees of Congress a report containing (3) a mix of small, medium, and large plan- (A) should significantly increase our un- the strategy developed under subsection (a). etary science missions is required to sustain derstanding of Mars; SEC. 509. ASTROBIOLOGY STRATEGY. a steady cadence of planetary exploration; (B) should help determine whether life pre- (a) STRATEGY.— and viously existed on that planet; and (1) IN GENERAL.—The Administrator shall (4) robotic planetary exploration is a key (C) should provide opportunities to gather enter into an arrangement with the National component of preparing for future human ex- knowledge and demonstrate technologies Academies to develop a science strategy for ploration. that address the challenges of future human astrobiology that would outline key sci- (b) MISSION PRIORITIES.— expeditions to Mars. entific questions, identify the most prom- (1) IN GENERAL.—In accordance with the SEC. 506. EUROPA. ising research in the field, and indicate the priorities established in the most recent (a) FINDINGS.—Congress makes the fol- extent to which the mission priorities in ex- Planetary Science Decadal Survey, the Ad- lowing findings: isting decadal surveys address the search for ministrator shall ensure, to the greatest ex- (1) Studies of Europa, Jupiter’s moon, indi- life’s origin, evolution, distribution, and fu- tent practicable, the completion of a bal- cate that Europa may provide a habitable ture in the Universe. anced set of Discovery, New Frontiers, and environment, as it contains key ingredients (2) RECOMMENDATIONS.—The strategy shall Flagship missions at the cadence rec- known to support life. include recommendations for coordination ommended by the most recent Planetary (2) In 2012, using the Hubble Space Tele- with international partners. Science Decadal Survey. scope, NASA scientists observed water vapor (b) USE OF STRATEGY.—The Administrator (2) MISSION PRIORITY ADJUSTMENTS.—Con- around the south polar region of Europa, shall use the strategy developed under sub- sistent with the set of missions described in which provides potential evidence of water section (a) in planning and funding research paragraph (1), and while maintaining the plumes in that region. and other activities and initiatives in the continuity of scientific data and steady de- (3) For decades, the Europa mission has field of astrobiology. velopment of capabilities and technologies, consistently ranked as a high priority mis- (c) REPORT TO CONGRESS.—Not later than the Administrator may seek, if necessary, sion for the scientific community. 18 months after the date of enactment of this adjustments to mission priorities, schedule, (4) The Europa mission was ranked as the Act, the National Academies shall submit to and scope in light of changing budget projec- top priority mission in the previous Plan- the Administrator and to the appropriate tions. etary Science Decadal Survey and ranked as committees of Congress a report containing SEC. 503. JAMES WEBB SPACE TELESCOPE. the second-highest priority in the current the strategy developed under subsection (a). It is the sense of Congress that— Planetary Science Decadal Survey. SEC. 510. ASTROBIOLOGY PUBLIC-PRIVATE PART- (1) the James Webb Space Telescope will— (b) SENSE OF CONGRESS.—It is the sense of (A) significantly advance our under- Congress that— NERSHIPS. standing of star and planet formation, and (1) the Europa mission could provide an- Not later than 180 days after the date of improve our knowledge of the early universe; other avenue in which to capitalize on our enactment of this Act, the Administrator and Nation’s current investment in the Space shall submit to the appropriate committees (B) support United States leadership in as- Launch System that would significantly re- of Congress a report describing how the Ad- trophysics; duce the transit time for such a deep space ministration can expand collaborative part- (2) consistent with annual Government Ac- mission; and nerships to study life’s origin, evolution, dis- countability Office reviews of the James (2) a scientific, robotic exploration mission tribution, and future in the universe. Webb Space Telescope program, the Admin- to Europa, as prioritized in both Planetary SEC. 511. NEAR-EARTH OBJECTS. istrator should continue robust surveillance Science Decadal Surveys, should be sup- Section 321 of the National Aeronautics of the performance of the James Webb Space ported. and Space Administration Authorization Act Telescope project and continue to improve SEC. 507. CONGRESSIONAL DECLARATION OF of 2005 (51 U.S.C. note prec. 71101) is amended the reliability of cost estimates and con- POLICY AND PURPOSE. by adding at the end the following: tractor performance data and other major Section 20102(d) of title 51, United States ‘‘(e) PROGRAM REPORT.—The Director of space flight projects in order to enhance Code, is amended by adding at the end the the Office of Science and Technology Policy NASA’s ability to successfully deliver the following: and the Administrator shall submit to the James Webb Space Telescope on-time and ‘‘(10) The search for life’s origin, evolution, Committee on Commerce, Science, and within budget; distribution, and future in the universe.’’. Transportation of the Senate and the Com- (3) the on-time and on-budget delivery of SEC. 508. EXTRASOLAR PLANET EXPLORATION mittee on Science, Space, and Technology of the James Webb Space Telescope is a high STRATEGY. the House of Representatives, not later than congressional priority; and (a) STRATEGY.— 1 year after the date of enactment of the Na- (4) the Administrator should ensure that (1) IN GENERAL.—The Administrator shall tional Aeronautics and Space Administra- integrated testing is appropriately timed and enter into an arrangement with the National tion Transition Authorization Act of 2016, an sufficiently comprehensive to enable poten- Academies to develop a science strategy for initial report that provides— tial issues to be identified and addressed the study and exploration of extrasolar plan- ‘‘(1) recommendations for carrying out the early enough to be handled within the James ets, including the use of the Transiting Survey program and an associated proposed Webb Space Telescope’s development sched- Exoplanet Survey Satellite, the James Webb budget; ule and prior to its launch. Space Telescope, a potential Wide-Field In- ‘‘(2) an analysis of possible options that SEC. 504. WIDE-FIELD INFRARED SURVEY TELE- frared Survey Telescope mission, or any the Administration could employ to divert SCOPE. other telescope, spacecraft, or instrument, as an object on a likely collision course with (a) SENSE OF CONGRESS.—It is the sense of appropriate. Earth; and Congress that— (2) REQUIREMENTS.—The strategy shall— ‘‘(3) a description of the status of efforts to (1) the Wide-Field Infrared Survey Tele- (A) outline key scientific questions; coordinate and cooperate with other coun- scope (referred to in this section as (B) identify the most promising research in tries to discover hazardous asteroids and ‘‘WFIRST’’) mission has the potential to en- the field; comets, plan a mitigation strategy, and im- able scientific discoveries that will trans- (C) indicate the extent to which the mis- plement that strategy in the event of the form our understanding of the universe; and sion priorities in existing decadal surveys discovery of an object on a likely collision (2) the Administrator, to the extent prac- address the key extrasolar planet research course with Earth. ticable, should make progress on the tech- and exploration goals; ‘‘(f) ANNUAL REPORTS.—After the initial re- nologies and capabilities needed to position (D) identify opportunities for coordination port under subsection (e), the Administrator the Administration to meet the objectives, with international partners, commercial shall annually transmit to the Committee on as outlined in the 2010 National Academies’ partners, and not-for-profit partners; and Commerce, Science, and Transportation of Astronomy and Astrophysics Decadal Sur- (E) make recommendations regarding the the Senate and the Committee on Science, vey, in a way that maximizes the scientific activities under subparagraphs (A) through Space, and Technology of the House of Rep- productivity of meeting those objectives for (D), as appropriate. resentatives a report that includes— the resources invested. (b) USE OF STRATEGY.—The Administrator ‘‘(1) a summary of all activities carried out (b) CONTINUITY OF DEVELOPMENT.—The Ad- shall use the strategy— under subsection (d) since the date of enact- ministrator shall ensure that the concept (1) to inform roadmaps, strategic plans, ment of the National Aeronautics and Space definition and pre-formulation activities of and other activities of the Administration as Administration Transition Authorization the WFIRST mission continue while the they relate to extrasolar planet research and Act of 2016, including the progress toward James Webb Space Telescope is being com- exploration; and achieving 90 percent completion of the sur- pleted. (2) to provide a foundation for future ac- vey described in subsection (d); and SEC. 505. MARS 2020 ROVER. tivities and initiatives related to extrasolar ‘‘(2) a summary of expenditures for all ac- It is the sense of Congress that— planet research and exploration. tivities carried out under subsection (d)

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00138 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.135 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7069 since the date of enactment of the National servatory for Infrared Astronomy before De- Act, the Administrator shall submit the re- Aeronautics and Space Administration Tran- cember 31, 2017. sults of the analysis to the appropriate com- sition Authorization Act of 2016. SEC. 515. RADIOISOTOPE POWER SYSTEMS. mittees of Congress. ‘‘(g) ASSESSMENT.—The Administrator, in (a) SENSE OF CONGRESS.—It is the sense of SEC. 516. ASSESSMENT OF MARS ARCHITECTURE. collaboration with other relevant Federal Congress that— (a) ASSESSMENT.—The Administrator shall agencies, shall carry out a technical and sci- (1) exploration of the outer reaches of the enter into an arrangement with the National entific assessment of the capabilities and re- solar system is enabled by radioisotope Academies of Sciences, Engineering, and sources— power systems; Medicine to assess— ‘‘(1) to accelerate the survey described in (2) establishing continuity in the produc- (1) the Administration’s Mars exploration subsection (d); and tion of the material needed for radioisotope architecture and its responsiveness to the ‘‘(2) to expand the Administration’s Near- power systems is essential to maintaining strategies, priorities, and guidelines put for- Earth Object Program to include the detec- the availability of such systems for future ward by the National Academies’ planetary tion, tracking, cataloguing, and character- deep space exploration missions; and science decadal surveys and other relevant ization of potentially hazardous near-Earth (3) Federal agencies supporting the Admin- National Academies Mars-related reports; objects less than 140 meters in diameter. istration through the production of such ma- (2) the long-term goals of the Administra- ‘‘(h) TRANSMITTAL.—Not later than 270 terial should do so in a cost effective manner tion’s Mars Exploration Program and such days after the date of enactment of the Na- so as not to impose excessive reimbursement program’s ability to optimize the science re- tional Aeronautics and Space Administra- requirements on the Administration. turn, given the current fiscal posture of the tion Transition Authorization Act of 2016, (b) ANALYSIS OF REQUIREMENTS AND program; the Administrator shall transmit the results RISKS.—The Director of the Office of Science (3) the Mars exploration architecture’s re- of the assessment under subsection (g) to the and Technology Policy and the Adminis- lationship to Mars-related activities to be Committee on Commerce, Science, and trator, in consultation with other Federal undertaken by foreign agencies and organi- agencies, shall conduct an analysis of— Transportation of the Senate and the Com- zations; and (1) the requirements of the Administration mittee on Science, Space, and Technology of (4) the extent to which the Mars explo- for radioisotope power system material that the House of Representatives.’’. ration architecture represents a reasonably is needed to carry out planned, high priority SEC. 512. NEAR-EARTH OBJECTS PUBLIC-PRI- balanced mission portfolio. robotic missions in the solar system and VATE PARTNERSHIPS. (b) REPORT TO CONGRESS.—Not later than other surface exploration activities beyond (a) SENSE OF CONGRESS.—It is the sense of 18 months after the date of enactment of this Congress that the Administration should low-Earth orbit; and Act, the Administrator shall submit the re- seek to leverage the capabilities of the pri- (2) the risks to missions of the Administra- sults of the assessment to the appropriate tion in meeting those requirements, or any vate sector and philanthropic organizations committees of Congress. to the maximum extent practicable in car- additional requirements, due to a lack of adequate radioisotope power system mate- SEC. 517. COLLABORATION. rying out the Near-Earth Object Survey Pro- The Administration shall continue to de- gram in order to meet the goal of that pro- rial. (c) CONTENTS OF ANALYSIS.—The analysis velop first-of-a-kind instruments that, once gram under section 321(d)(1) of the National conducted under subsection (b) shall— proved, can be transitioned to other agencies Aeronautics and Space Administration Au- (1) detail the Administration’s current pro- for operations. Whenever responsibilities for thorization Act of 2005 (51 U.S.C. note prec. jected mission requirements and associated the development of sensors or for measure- 71101(d)(1)). timeframes for radioisotope power system ments are transferred to the Administration (b) REPORT.—Not later than 180 days after material; from another agency, the Administration the date of enactment of this Act, the Ad- (2) explain the assumptions used to deter- shall seek, to the extent possible, to be reim- ministrator shall submit to the appropriate mine the Administration’s requirements for bursed for the assumption of such respon- committees of Congress a report describing the material, including— sibilities. how the Administration can expand collabo- (A) the planned use of advanced thermal TITLE VI—AERONAUTICS rative partnerships to detect, track, cata- conversion technology such as advanced logue, and categorize near-Earth objects. SEC. 601. SENSE OF CONGRESS ON AERO- thermocouples and Stirling generators and NAUTICS. SEC. 513. ASSESSMENT OF SCIENCE MISSION EX- converters; and It is the sense of Congress that— TENSIONS. (B) the risks and implications of, and con- (1) a robust aeronautics research portfolio Section 30504 of title 51, United States tingencies for, any delays or unanticipated will help maintain the United States status Code, is amended to read as follows: technical challenges affecting or related to as a leader in aviation, enhance the competi- ‘‘§ 30504. Assessment of science mission exten- the Administration’s mission plans for the tiveness of the United States in the world sions anticipated use of advanced thermal conver- economy, and improve the quality of life of ‘‘(a) ASSESSMENTS.— sion technology; all citizens; ‘‘(1) IN GENERAL.—The Administrator shall (3) assess the risk to the Administration’s (2) aeronautics research is essential to the carry out triennial reviews within each of programs of any potential delays in achiev- Administration’s mission, continues to be an the Science divisions to assess the cost and ing the schedule and milestones for planned important core element of the Administra- benefits of extending the date of the termi- domestic production of radioisotope power tion’s mission, and should be supported; nation of data collection for those missions system material; (3) the Administrator should coordinate that exceed their planned missions’ lifetime. (4) outline a process for meeting any addi- and consult with relevant Federal agencies ‘‘(2) CONSIDERATIONS.—In conducting an as- tional Administration requirements for the and the private sector to minimize duplica- sessment under paragraph (1), the Adminis- material; tion of efforts and leverage resources; and trator shall consider whether and how ex- (5) estimate the incremental costs required (4) carrying aeronautics research to a level tending missions impacts the start of future to increase the amount of material produced of maturity that allows the Administration’s missions. each year, if such an increase is needed to research results to be transferred to the ‘‘(b) CONSULTATION AND CONSIDERATION OF support additional Administration require- users, whether private or public sector, is POTENTIAL BENEFITS OF INSTRUMENTS ON MIS- ments for the material; critical to their eventual adoption. SIONS.—When deciding whether to extend a (6) detail how the Administration and SEC. 602. TRANSFORMATIVE AERONAUTICS RE- mission that has an operational component, other Federal agencies will manage, operate, SEARCH. the Administrator shall— and fund production facilities and the design It is the sense of Congress that the Admin- ‘‘(1) consult with any affected Federal and development of all radioisotope power istrator should look strategically into the agency; and systems used by the Administration and future and ensure that the Administration’s ‘‘(2) take into account the potential bene- other Federal agencies as necessary; Center personnel are at the leading edge of fits of instruments on missions that are be- (7) specify the steps the Administration aeronautics research by encouraging inves- yond their planned mission lifetime. will take, in consultation with the Depart- tigations into the early-stage advancement ‘‘(c) REPORTS.—The Administrator shall ment of Energy, to preserve the infrastruc- of new processes, novel concepts, and innova- submit to the Committee on Commerce, ture and workforce necessary for production tive technologies that have the potential to Science, and Transportation of the Senate of radioisotope power systems and ensure meet national aeronautics needs. and the Committee on Science, Space, and that its reimbursements to the Department SEC. 603. HYPERSONIC RESEARCH. Technology of the House of Representatives, of Energy associated with such preservation (a) ROADMAP FOR HYPERSONIC RESEARCH.— at the same time as the submission to Con- are equitable and justified; and Not later than 1 year after the date of enact- gress of the Administration’s annual budget (8) detail how the Administration has im- ment of this Act, the Administrator, in con- request for each fiscal year, a report detail- plemented or rejected the recommendations sultation with the heads of other relevant ing any assessment under subsection (a) that from the National Research Council’s 2009 re- Federal agencies, shall develop and submit was carried out during the previous year.’’. port titled ‘‘Radioisotope Power Systems: An to the appropriate committees of Congress a SEC. 514. STRATOSPHERIC OBSERVATORY FOR Imperative for Maintaining U.S. Leadership research and development roadmap for INFRARED ASTRONOMY. in Space Exploration.’’ hypersonic aircraft research. The Administrator may not terminate (d) REPORT TO CONGRESS.—Not later than (b) OBJECTIVE.—The objective of the road- science operations of the Stratospheric Ob- 180 days after the date of enactment of this map is to explore hypersonic science and

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00139 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.135 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7070 CONGRESSIONAL RECORD — SENATE December 9, 2016 technology using air- breathing propulsion (3) to improving technological capabilities not initiated as of the date of enactment of concepts, through a mix of theoretical work, and promote innovation for the Administra- this Act is established on the basis of a basic and applied research, and development tion and the Nation. sound rationale. of flight research demonstration vehicles. (b) SENSE OF CONGRESS ON PROPULSION (2) SENSE OF CONGRESS.—It is the sense of (c) CONTENTS.—The roadmap shall rec- TECHNOLOGY.—It is the sense of Congress Congress that projects, programs, and mis- ommend appropriate Federal agency con- that advancing propulsion technology would sions being conducted by the Human Explo- tributions, coordination efforts, and tech- improve the efficiency of trips to Mars and ration and Operations Mission Directorate in nology milestones. could shorten travel time to Mars, reduce as- support of research and development of ad- SEC. 604. SUPERSONIC RESEARCH. tronaut health risks, and reduce radiation vanced space technologies and systems fo- (a) FINDINGS.—Congress finds that— exposure, consumables, and mass of mate- cusing on human space exploration should (1) the ability to fly commercial aircraft rials required for the journey. continue in that Directorate. over land at supersonic speeds without ad- (c) POLICY.—It is the policy of the United (g) REPORT.—Not later than 180 days after verse impacts on the environment or on local States that the Administrator shall develop the date of enactment of this Act, the Ad- communities could open new global markets technologies to support the Administration’s ministrator shall provide to the appropriate and enable new transportation capabilities; core missions, as described in section 2(3) of committees of Congress a report— and the National Aeronautics and Space Admin- (1) comparing the Administration’s space (2) continuing the Administration’s re- istration Authorization Act of 2010 (42 U.S.C. technology investments with the high-pri- search program is necessary to assess the 18301(3)), and support sustained investments ority technology areas identified by the Na- impact in a relevant environment of com- in early stage innovation, fundamental re- tional Academies in the National Research mercial supersonic flight operations and pro- search, and technologies to expand the Council’s report on the Administration’s vide the basis for establishing appropriate boundaries of the national aerospace enter- Space Technology Roadmaps; and sonic boom standards for such flight oper- prise. (2) including— ations. (d) PROPULSION TECHNOLOGIES.—A goal of (A) identification of how the Administra- (b) ROADMAP FOR SUPERSONIC RESEARCH.— propulsion technologies developed under sub- tion will address any gaps between the agen- (1) IN GENERAL.—Not later than 1 year after section (c) shall be to significantly reduce the date of enactment of this Act, the Ad- cy’s investments and the recommended tech- human travel time to Mars. ministrator shall develop and submit to the nology areas, including a projection of fund- appropriate committees of Congress a road- SEC. 702. SPACE TECHNOLOGY PROGRAM. ing requirements; and map that allows for flexible funding profiles (a) SPACE TECHNOLOGY PROGRAM AUTHOR- (B) identification of the rationale de- for supersonic aeronautics research and de- IZED.—The Administrator shall conduct a scribed in subsection (f)(1)(C). velopment. space technology program (referred to in this (h) ANNUAL REPORT.—The Administrator (2) OBJECTIVE.—The objective of the road- section as the ‘‘Program’’) to research and shall include in the Administration’s annual map is to develop and demonstrate, in a rel- develop advanced space technologies that budget request for each fiscal year the ra- evant environment, airframe and propulsion could deliver innovative solutions across the tionale for assigning organizational respon- technologies to minimize the environmental Administration’s space exploration and sibility for, in the year prior to the budget impact, including noise, of supersonic over- science missions. fiscal year, each initiated project, program, land flight in an efficient and economical (b) CONSIDERATIONS.—In conducting the and mission focused on research and develop- manner. Program, the Administrator shall consider— ment of advanced technologies for human (3) CONTENTS.—The roadmap shall in- (1) the recommendations of the National space exploration. clude— Academies’ review of the Administration’s TITLE VIII—MAXIMIZING EFFICIENCY (A) the baseline research as embodied by Space Technology roadmaps and priorities; and Subtitle A—Agency Information Technology the Administration’s existing research on su- and Cybersecurity personic flight; (2) the applicable enabling aspects of the (B) a list of specific technological, environ- stepping stone approach to exploration under SEC. 811. INFORMATION TECHNOLOGY GOVERN- mental, and other challenges that must be section 70504 of title 51, United States Code. ANCE. overcome to minimize the environmental (c) REQUIREMENTS.—In conducting the Pro- (a) IN GENERAL.—The Administrator shall, impact, including noise, of supersonic over- gram, the Administrator shall— in a manner that reflects the unique nature land flight; (1) to the extent practicable, use a com- of NASA’s mission and expertise— (C) a research plan to address the chal- petitive process to select research and devel- (1) ensure the NASA Chief Information Of- lenges under subparagraph (B), including a opment projects; ficer, Mission Directorates, and Centers have project timeline for accomplishing relevant (2) to the extent practicable and appro- appropriate roles in the management, gov- research goals; priate, use small satellites and the Adminis- ernance, and oversight processes related to (D) a plan for coordination with stake- tration’s suborbital and ground-based plat- information technology operations and in- holders, including relevant government forms to demonstrate space technology con- vestments and information security pro- agencies and industry; and cepts and developments; and grams for the protection of NASA systems; (E) a plan for how the Administration will (3) as appropriate, partner with other Fed- (2) ensure the NASA Chief Information Of- ensure that sonic boom research is coordi- eral agencies, universities, private industry, ficer has the appropriate resources and in- nated as appropriate with relevant Federal and foreign countries. sight to oversee NASA information tech- agencies. (d) SMALL BUSINESS PROGRAMS.—The Ad- nology and information security operations SEC. 605. ROTORCRAFT RESEARCH. ministrator shall organize and manage the and investments; (a) ROADMAP FOR ROTORCRAFT RESEARCH.— Administration’s Small Business Innovation (3) provide an information technology pro- Not later than 1 year after the date of enact- Research Program and Small Business Tech- gram management framework to increase ment of this Act, the Administrator, in con- nology Transfer Program within the Pro- the efficiency and effectiveness of informa- sultation with the heads of other relevant gram. tion technology investments, including rely- Federal agencies, shall prepare and submit (e) NONDUPLICATION CERTIFICATION.—The ing on metrics for identifying and reducing to the appropriate committees of Congress a Administrator shall submit a budget for each potential duplication, waste, and cost; roadmap for research relating to rotorcraft fiscal year, as transmitted to Congress under (4) improve the operational linkage be- and other runway-independent air vehicles. section 1105(a) of title 31, United States tween the NASA Chief Information Officer (b) OBJECTIVE.—The objective of the road- Code, that avoids duplication of projects, and each NASA mission directorate, center, map is to develop and demonstrate improved programs, or missions conducted by Program and mission support office to ensure both safety, noise, and environmental impact in a with other projects, programs, or missions agency and mission needs are considered in relevant environment. conducted by another office or directorate of agency-wide information technology and in- (c) CONTENTS.—The roadmap shall include the Administration. formation security management and over- specific goals for the research, a timeline for (f) COLLABORATION, COORDINATION, AND sight; implementation, metrics for success, and ALIGNMENT.— (5) review the portfolio of information guidelines for collaboration and coordination (1) IN GENERAL.—The Administrator shall— technology investments and spending, in- with industry and other Federal agencies. (A) ensure that the Administration’s cluding information technology-related in- TITLE VII—SPACE TECHNOLOGY projects, programs, and activities in support vestments included as part of activities SEC. 701. SPACE TECHNOLOGY INFUSION. of technology research and development of within NASA mission directorates that may (a) SENSE OF CONGRESS ON SPACE TECH- advanced space technologies are fully coordi- not be considered information technology, to NOLOGY.—It is the sense of Congress that nated and aligned; ensure investments are recognized and re- space technology is critical— (B) ensure that the results the projects, ported appropriately based on guidance from (1) to developing technologies and capabili- programs, and activities under subparagraph the Office of Management and Budget; ties that will make the Administration’s (A) are shared and leveraged within the Ad- (6) consider appropriate revisions to the core missions more affordable and more reli- ministration; and charters of information technology boards able; (C) ensure that the organizational respon- and councils that inform information tech- (2) to enabling a new class of Administra- sibility for research and development activi- nology investment and operation decisions; tion missions beyond low-Earth orbit; and ties in support of human space exploration and

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00140 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.135 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7071 (7) consider whether the NASA Chief Infor- (7) submission by NASA to Congress of in- (2) provide an update on its plant to imple- mation Officer should have a seat on any formation regarding high risk projects and ment the recommendation from the NASA boards or councils described in paragraph (6). cybersecurity risks. Inspector General in the audit report dated (b) GAO STUDY.— (d) CONGRESSIONAL OVERSIGHT.—The Ad- July 10, 2014, (IG–14–023) to remove from the ministrator shall submit to the appropriate (1) STUDY.—The Comptroller General of the Internet or otherwise secure all NASA web United States shall conduct a study of the committees of Congress the strategic plan applications in development or testing mode. effectiveness of the Administration’s Infor- under subsection (a) and any updates there- Subtitle B—Collaboration Among Mission to. mation Technology Governance in ensuring Directorates and Other Matters SEC. 813. CYBERSECURITY. information technology resources are SEC. 821. COLLABORATION AMONG MISSION DI- (a) FINDING.—The security of NASA infor- aligned with agency missions and are cost ef- RECTORATES. mation and information systems is vital to fective and secure. The Administrator shall encourage an the success of the mission of the agency. (2) CONTENTS.—The study shall include an (b) INFORMATION SECURITY PLAN.— interdisciplinary approach among all NASA assessment of— (1) IN GENERAL.—Not later than 1 year after mission directorates and divisions, whenever (A) the resources available for overseeing the date of enactment of this Act, the Ad- appropriate, for projects or missions— Administration-wide information technology ministrator shall implement the information (1) to improve coordination, and encourage operations, investments, and security meas- security plan developed under paragraph (2) collaboration and early planning on scope; ures and the NASA Chief Information Offi- and take such further actions as the Admin- (2) to determine areas of overlap or align- cer’s visibility and involvement into infor- istrator considers necessary to improve the ment; mation technology oversight and access to information security system in accordance (3) to find ways to leverage across divi- those resources; with this section. sional perspectives to maximize outcomes; (B) the effectiveness and challenges of the (2) INFORMATION SECURITY PLAN.—Subject and Administration’s information technology to paragraphs (3) and (4), the Administrator (4) to be more efficient with resources and structure, decision making processes and au- shall develop an agency-wide information se- funds. thorities, including impacts on its ability to curity plan to enhance information security SEC. 822. NASA LAUNCH CAPABILITIES COLLABO- implement information security; and for NASA information and information infra- RATION. (C) the impact of NASA Chief Information structure. (a) FINDINGS.—Congress makes the fol- Officer approval authority over information (3) REQUIREMENTS.—In developing the plan lowing findings: technology investments that exceed a de- under paragraph (2), the Administrator shall (1) The Launch Services Program is refined monetary threshold, including any po- ensure that the plan— sponsible for the acquisition, management, tential impacts of such authority on the Ad- (A) reflects the unique nature of NASA’s and technical oversight of commercial ministration’s missions, flights programs mission and expertise; launch services for NASA’s science and and projects, research activities, and Center (B) is informed by policies, standards, robotic missions. operations. guidelines, and directives on information se- (2) The Commercial Crew Program is re- (3) REPORT.—Not later than 1 year after curity required for Federal agencies; sponsible for the acquisition, management, the date of enactment of this Act, the Comp- (C) is consistent with the standards and and technical oversight of commercial crew troller General shall submit to the appro- guidelines under section 11331 of title 40, transportation systems. priate committees of Congress a report de- United States Code; and (3) The Launch Services Program and Com- tailing the results of the study under para- (D) meets applicable National Institute of mercial Crew Program have worked together graph (1), including any recommendations. Standards and Technology information secu- to gain exceptional technical insight into SEC. 812. INFORMATION TECHNOLOGY STRA- rity standards and guidelines. the contracted launch service providers that TEGIC PLAN. (4) CONTENTS.—The plan shall address— are common to both programs. (4) The Launch Services Program has a (a) IN GENERAL.—Subject to subsection (b), (A) an overview of the requirements of the long history of oversight of 12 different the Administrator shall develop an informa- information security system; launch vehicles and over 80 launches. tion technology strategic plan to guide (B) an agency-wide risk management (5) Co-location of the Launch Services Pro- NASA information technology management framework for information security; gram and Commercial Crew Program has en- and strategic objectives. (C) a description of the information security system management controls and com- abled the Commercial Crew Program to effi- (b) REQUIREMENTS.—In developing the stra- mon controls that are necessary to ensure ciently obtain the launch vehicle technical tegic plan, the Administrator shall ensure expertise of and provide engineering and an- that the strategic plan addresses— compliance with information security-related requirements; alytical support to the Commercial Crew (1) the deadline under section 306(a) of title Program. 5, United States Code; and (D) an identification and assignment of roles, responsibilities, and management com- (b) SENSE OF CONGRESS.—It is the sense of (2) the requirements under section 3506 of Congress that— title 44, United States Code. mitment for information security at the agency; (1) the Launch Services Program and Com- (c) CONTENTS.—The strategic plan shall ad- (E) coordination among organizational en- mercial Crew Program each benefit from dress, in a manner that reflects the unique tities, including between each center, facil- communication and coordination of launch nature of NASA’s mission and expertise— ity, mission directorate, and mission support manifests, technical information, and com- (1) near and long-term goals and objectives office, and among agency entities respon- mon launch vehicle insight between the pro- for leveraging information technology; sible for different aspects of information se- grams; and (2) a plan for how NASA will submit to curity; (2) such communication and coordination Congress of a list of information technology (F) the need to protect the information se- is enabled by the co-location of the pro- projects, including completion dates and risk curity of mission-critical systems and activi- grams. level in accordance with guidance from the ties and high-impact and moderate-impact (c) IN GENERAL.—The Administrator shall Office of Management and Budget; information systems; and pursue a strategy for acquisition of crewed (3) an implementation overview for an (G) a schedule of frequent reviews and up- transportation services and non-crewed agency-wide approach to information tech- dates, as necessary, of the plan. launch services that continues to enhance nology investments and operations, includ- communication, collaboration, and coordina- SEC. 814. SECURITY MANAGEMENT OF FOREIGN ing reducing barriers to cross-center collabo- NATIONAL ACCESS. tion between the Launch Services Program ration; The Administrator shall notify the appro- and the Commercial Crew Program. (4) coordination by the NASA Chief Infor- priate committees of Congress when the SEC. 823. DETECTION AND AVOIDANCE OF COUN- mation Officer with centers and mission di- agency has implemented the information TERFEIT PARTS. rectorates to ensure that information tech- technology security recommendations from (a) FINDINGS.—Congress finds the fol- nology policies are effectively and efficiently the National Academy of Public Administra- lowing: implemented across the agency; tion on foreign national access management, (1) A 2012 investigation by the Committee (5) a plan to increase the efficiency and ef- based on reports from January 2014 and on Armed Services of the Senate of counter- fectiveness of information technology in- March 2016. feit electronic parts in the Department of vestments, including a description of how SEC. 815. CYBERSECURITY OF WEB APPLICA- Defense supply chain from 2009 through 2010 unnecessarily duplicative, wasteful, legacy, TIONS. uncovered 1,800 cases and over 1,000,000 coun- or outdated information technology across Not later than 180 days after the date of terfeit parts and exposed the threat such NASA will be identified and eliminated, and enactment of this Act, the Administrator counterfeit parts pose to service members a schedule for the identification and elimi- shall, in a manner that reflects the unique and national security. nation of such information technology; nature of NASA’s mission and expertise— (2) Since 2010, the Comptroller General of (6) a plan for improving the information se- (1) develop a plan, including such actions the United States has identified in 3 separate curity of agency information and agency in- and milestones as are necessary, to fully re- reports the risks and challenges associated formation systems, including improving se- mediate security vulnerabilities of NASA with counterfeit parts and counterfeit pre- curity control assessments and role-based se- web applications within a timely fashion vention at both the Department of Defense curity training of employees; and after discovery; and and NASA, including inconsistent definitions

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00141 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.135 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7072 CONGRESSIONAL RECORD — SENATE December 9, 2016 of counterfeit parts, poorly targeted quality to which NASA may identify suppliers that benefit from and is important for lowering control practices, and potential barriers to have appropriate policies and procedures in the costs of ongoing scientific, national se- improvements to these practices. place to detect and avoid counterfeit elec- curity, and commercial satellite operations. (b) SENSE OF CONGRESS.—It is the sense of tronic parts and suspect counterfeit elec- (2) The technologies involved in satellite Congress that the presence of counterfeit tronic parts; and servicing, such as dexterous robotic arms, electronic parts in the NASA supply chain (D) authorize a covered contractor, includ- propellant transfer systems, and solar elec- poses a danger to United States government ing a subcontractor, to identify and use addi- tric propulsion, are all critical capabilities astronauts, crew, and other personnel and a tional suppliers beyond those identified to support a human exploration mission to risk to the agency overall. under subparagraph (C) if— Mars. (c) REGULATIONS.— (i) the standards and processes for identi- (b) SENSE OF CONGRESS.—It is the sense of (1) IN GENERAL.—Not later than 270 days fying such suppliers comply with established Congress that— after the date of enactment of this Act, the industry standards; (1) satellite servicing is a vital capability Administrator shall revise the NASA Supple- (ii) the covered contractor assumes respon- that will bolster the capacity and afford- ment to the Federal Acquisition Regulation sibility for the authenticity of parts pro- ability of NASA’s ongoing scientific and to improve the detection and avoidance of vided by such suppliers under paragraph (2); human exploration operations while simulta- counterfeit electronic parts in the supply and neously enhancing the ability of domestic chain. (iii) the selection of such suppliers is sub- companies to compete in the global market- (2) CONTRACTOR RESPONSIBILITIES.—In re- ject to review and audit by NASA. place; and vising the regulations under paragraph (1), (d) DEFINITIONS.—In this section: (2) future NASA satellites and spacecraft the Administrator shall— (1) COVERED CONTRACTOR.—The term ‘‘cov- (A) require each covered contractor— across mission directorates should be con- ered contractor’’ means a contractor that (i) to detect and avoid the use or inclusion structed in a manner that allows for serv- supplies an electronic part, or a product that of any counterfeit parts in electronic parts icing in order to maximize operational lon- contains an electronic part, to NASA. or products that contain electronic parts; gevity and affordability. (2) ELECTRONIC PART.—The term ‘‘elec- (ii) to take such corrective actions as the (c) LEVERAGING OF CAPABILITIES.—The Ad- tronic part’’ means a discrete electronic Administrator considers necessary to rem- ministrator shall identify orbital assets in component, including a microcircuit, tran- edy the use or inclusion described in clause both the Science Mission Directorate and the (i); and sistor, capacitor, resistor, or diode, that is Human Exploration and Operations Mission (iii) including a subcontractor, to notify intended for use in a safety or mission crit- Directorate that could benefit from satellite the applicable NASA contracting officer not ical application. servicing-related technologies, and shall later than 30 calendar days after the date the SEC. 824. EDUCATION AND OUTREACH. work across all NASA mission directorates covered contractor becomes aware, or has (a) SENSE OF CONGRESS.—It is the sense of to evaluate opportunities for the private sec- reason to suspect, that any end item, compo- Congress that— tor to perform such services or advance tech- nent, part or material contained in supplies (1) United States competitiveness in the nical capabilities by leveraging the tech- purchased by NASA, or purchased by a cov- 21st century requires engaging the science, nologies and techniques developed by NASA ered contractor or subcontractor for delivery technology, engineering, and mathematics programs and other industry programs. to, or on behalf of, NASA, contains a coun- (referred to in this section as ‘‘STEM’’) tal- SEC. 826. FLIGHT OPPORTUNITIES. terfeit electronic part or suspect counterfeit ent in all States; (a) DEVELOPMENT OF PAYLOADS.— electronic part; and (2) the Administration is uniquely posi- (1) IN GENERAL.—In order to conduct nec- (B) prohibit the cost of counterfeit elec- tioned to educate and inspire students and essary research, the Administrator shall con- tronic parts, suspect counterfeit electronic the broader public on STEM subjects and ca- tinue and, as the Administrator considers parts, and any corrective action described reers; appropriate, expand the development of tech- under subparagraph (A)(ii) from being in- (3) the Administration’s Education and nology payloads for— cluded as allowable costs under agency con- Communication Offices, Mission Direc- (A) scientific research; and tracts, unless— torates, and Centers have been effective in (B) investigating new or improved capabili- (i)(I) the covered contractor has an oper- delivering educational content because of ties. ational system to detect and avoid counter- the strong engagement of Administration (2) FUNDS.—For the purpose of carrying out feit electronic parts and suspect counterfeit scientists and engineers in the Administra- paragraph (1), the Administrator shall make electronic parts that has been reviewed and tion’s education and outreach activities; funds available for— approved by NASA or the Department of De- (4) the Administration’s education and out- (A) flight testing; fense; and reach programs, including the Experimental (B) payload development; and (II) the covered contractor has provided Program to Stimulate Competitive Research (C) hardware related to subparagraphs (A) the notice under subparagraph (A)(iii); or (EPSCoR) and the Space Grant College and and (B). (ii) the counterfeit electronic parts or sus- Fellowship Program, reflect the Administra- (b) REAFFIRMATION OF POLICY.—Congress pect counterfeit electronic parts were pro- tion’s successful commitment to growing reaffirms that the Administrator should provided to the covered contractor as Govern- and diversifying the national science and en- vide flight opportunities for payloads to ment property in accordance with part 45 of gineering workforce; and microgravity environments and suborbital the Federal Acquisition Regulation. (5) in order to grow and diversify the Na- altitudes as authorized by section 907 of the (3) SUPPLIERS OF ELECTRONIC PARTS.—In re- tion’s engineering workforce, it is vital for National Aeronautics and Space Administra- vising the regulations under paragraph (1), the Administration to bolster programs, tion Authorization Act of 2010 (42 U.S.C. the Administrator shall— such as High Schools United with NASA to 18405). (A) require NASA and covered contractors, Create Hardware (HUNCH) program, that including subcontractors, at all tiers— conduct outreach activities to underserved SEC. 827. SENSE OF CONGRESS ON SMALL CLASS LAUNCH MISSIONS. (i) to obtain electronic parts that are in rural communities, vocational schools, and production or currently available in stock tribal colleges and universities and encour- It is the sense of Congress that— from— age new participation in the STEM work- (1) Venture Class Launch Services con- (I) the original manufacturers of the parts force. tracts awarded under the Launch Services Program will expand opportunities for future or their authorized dealers; or (b) CONTINUATION OF EDUCATION AND OUT- dedicated launches of CubeSats and other (II) suppliers who obtain such parts exclu- REACH ACTIVITIES AND PROGRAMS.— small satellites and small orbital science sively from the original manufacturers of (1) IN GENERAL.—The Administrator shall the parts or their authorized dealers; and continue engagement with the public and missions; and (ii) to obtain electronic parts that are not education opportunities for students via all (2) principal investigator-led small orbital in production or currently available in stock the Administration’s mission directorates to science missions, including CubeSat class, from suppliers that meet qualification re- the maximum extent practicable. Small Explorer (SMEX) class, and Venture class, offer valuable opportunities to ad- quirements established under subparagraph (2) REPORT.—Not later than 60 days after (C); the date of enactment of this Act, the Ad- vance science at low cost, train the next gen- (B) establish documented requirements ministrator shall submit to the appropriate eration of scientists and engineers, and en- consistent with published industry standards committees of Congress a report on the Ad- able participants to acquire skills in systems or Government contract requirements for— ministration’s near-term outreach plans for engineering and systems integration that are (i) notification of the agency; and advancing space law education. critical to maintaining the Nation’s leader- (ii) inspection, testing, and authentication ship in space and to enhancing United States SEC. 825. LEVERAGING COMMERCIAL SATELLITE innovation and competitiveness abroad. of electronic parts that NASA or a covered SERVICING CAPABILITIES ACROSS contractor, including a subcontractor, ob- MISSION DIRECTORATES. SEC. 828. BASELINE AND COST CONTROLS. tains from any source other than a source (a) FINDINGS.—Congress makes the fol- Section 30104(a)(1) of title 51, United States described in subparagraph (A); lowing findings: Code, is amended by striking ‘‘Procedural (C) establish qualification requirements, (1) Refueling and relocating aging sat- Requirements 7120.5c, dated March 22, 2005’’ consistent with the requirements of section ellites to extend their operational lifetimes and inserting ‘‘Procedural Requirements 2319 of title 10, United States Code, pursuant is a capacity that NASA will substantially 7120.5E, dated August 14, 2012’’.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00142 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.135 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7073 SEC. 829. COMMERCIAL TECHNOLOGY TRANSFER and artifacts exist or may exist in the fu- (1) the functions of the Council; PROGRAM. ture; (2) the appointment of members to the Section 50116(a) of title 51, United States (2) a determination of what measures are Council; Code, is amended by inserting ‘‘, while pro- required to ensure such protection and pres- (3) the qualifications for members of the tecting national security’’ after ‘‘research ervation; Council; community’’. (3) a determination of the extent to which (4) the duration of terms of office for mem- SEC. 830. AVOIDING ORGANIZATIONAL CON- additional domestic legislation or inter- bers of the Council; FLICTS OF INTEREST IN MAJOR AD- national treaties or agreements will be re- (5) the frequency of meetings of the Coun- MINISTRATION ACQUISITION PRO- quired; and cil; GRAMS. (4) specific recommendations for pro- (6) the structure of leadership and Commit- (a) REVISED REGULATIONS REQUIRED.—Not tecting and preserving those lunar landing tees of the Council; and later than 270 days after the date of enact- sites and artifacts. (7) the levels of professional staffing for ment of this Act, the Administrator shall re- (c) REPORT.—Not later than 1 year after the Council. vise the Administration Supplement to the the date of enactment of this Act, the Direc- (b) CONSIDERATIONS.—In carrying out the Federal Acquisition Regulation to provide tor shall submit to the appropriate commit- assessment under subsection (a), the Na- uniform guidance and recommend revised re- tees of Congress the results of the assess- tional Academy of Public Administration quirements for organizational conflicts of in- ment. shall— terest by contractors in major acquisition (1) consider the impacts of broadening the programs in order to address the elements SEC. 832. NASA LEASE OF NON-EXCESS PROP- ERTY. Council’s role to include providing consulta- identified in subsection (b). Section 20145(g) of title 51, United States tion and advice to Congress under section (b) ELEMENTS.—The revised regulations Code, is amended by striking ‘‘10 years after 20113(g) of title 51, United States Code; under subsection (a) shall, at a minimum— December 26, 2007’’ and inserting ‘‘December (2) consider the past activities of the NASA (1) address organizational conflicts of in- 31, 2018’’. Advisory Council and the activities of other terest that could potentially arise as a result analogous Federal advisory bodies; and of— SEC. 833. TERMINATION LIABILITY. It is the sense of Congress that— (3) any other issues that the National (A) lead system integrator contracts on Academy of Public Administration deter- major acquisition programs and contracts (1) the ISS, the Space Launch System, and the Orion will enable the Nation to continue mines could potentially impact the effective- that follow lead system integrator contracts ness of the Council. on such programs, particularly contracts for operations in low-Earth orbit and to send its astronauts to deep space; (c) REPORT.—The National Academy of production; Public Administration shall submit to the (B) the ownership of business units per- (2) the James Webb Space Telescope will revolutionize our understanding of star and appropriate committees of Congress the reforming systems engineering and technical sults of the assessment, including any rec- planet formation and how galaxies evolved, assistance functions, professional services, ommendations. and will advance the search for the origins of or management support services in relation (d) CONSULTATION AND ADVICE.— our universe; to major acquisition programs by contrac- (1) IN GENERAL.—Section 20113(g) of title 51, tors who simultaneously own business units (3) as a result of their unique capabilities United States Code, is amended by inserting competing to perform as either the prime and their critical contribution to the future ‘‘and Congress’’ after ‘‘advice to the Admin- contractor or the supplier of a major sub- of space exploration, these systems have istration’’. been designated by Congress and the Admin- system or component for such programs; (2) SUNSET.—Effective September 30, 2017, (C) the award of major subsystem con- istration as priority investments; section 20113(g) of title 51, United States tracts by a prime contractor for a major ac- (4) contractors are currently holding pro- Code, is amended by striking ‘‘and Con- quisition program to business units or other gram funding, estimated to be in the hun- gress’’. dreds of millions of dollars, to cover the po- affiliates of the same parent corporate enti- SEC. 836. COST ESTIMATION. tential termination liability should the Gov- ty, and particularly the award of sub- (a) SENSE OF CONGRESS.—It is the sense of ernment choose to terminate a program for contracts for software integration or the de- Congress that— convenience; velopment of a proprietary software system (1) realistic cost estimating is critically (5) as a result, hundreds of millions of tax- architecture; or important to the ultimate success of major payer dollars are unavailable for meaningful (D) the performance by, or assistance of, space development projects; and work on these programs; contractors in technical evaluations on (2) the Administration has devoted signifi- (6) according to the Government Account- major acquisition programs; cant efforts over the past 5 years to improv- ability Office, the Administration procures (2) require the Administration to request ing its cost estimating capabilities, but it is most of its goods and services through con- advice on systems architecture and systems important that the Administration continue tracts, and it terminates very few of them; engineering matters with respect to major its efforts to develop and implement guid- (7) in fiscal year 2010, the Administration acquisition programs from objective sources ance in establishing realistic cost estimates. independent of the prime contractor; terminated 28 of 16,343 active contracts and (b) GUIDANCE AND CRITERIA.—The Adminis- (3) require that a contract for the perform- orders, a termination rate of about 0.17 per- trator shall provide to its acquisition pro- ance of systems engineering and technical cent; and grams and projects, in a manner consistent assistance functions for a major acquisition (8) the Administration should vigorously with the Administration’s Space Flight Pro- program contains a provision prohibiting the pursue a policy on termination liability that gram and Project Management Require- contractor or any affiliate of the contractor maximizes the utilization of its appropriated ments— from participating as a prime contractor or funds to make maximum progress in meeting (1) guidance on when to use an Independent a major subcontractor in the development of established technical goals and schedule Cost Estimate and Independent Cost Assess- a system under the program; and milestones on these high-priority programs. ment; and (4) establish such limited exceptions to the SEC. 834. INDEPENDENT REVIEWS. (2) criteria to use to make a determination requirement in paragraphs (2) and (3) as the Not later than 270 days after the date of under paragraph (1). Administrator considers necessary to ensure enactment of this Act, the Administrator SEC. 837. FACILITIES AND INFRASTRUCTURE. that the Administration has continued ac- shall submit to the appropriate committees (a) SENSE OF CONGRESS.—It is the sense of cess to advice on systems architecture and of Congress a report describing— Congress that— systems engineering matters from highly (1) the Administration’s procedures for (1) the Administration must address, miti- qualified contractors with domain experi- conducting independent reviews of projects gate, and reverse, where possible, the dete- ence and expertise, while ensuring that such and programs at lifecycle milestones; rioration of its facilities and infrastructure, advice comes from sources that are objective (2) how the Administration ensures the as their condition is hampering the effective- and unbiased. independence of the individuals who conduct ness and efficiency of research performed by SEC. 831. PROTECTION OF APOLLO LANDING those reviews prior to their assignment; both the Administration and industry par- SITES. (3) the internal and external entities inde- ticipants making use of Administration fa- (a) ASSESSMENT.—The Director of the Of- pendent of project and program management cilities, thus harming the competitiveness of fice of Science and Technology Policy, in that conduct reviews of projects and pro- the United States aerospace industry; consultation with relevant Federal agencies grams at life cycle milestones; and (2) the Administration has a role in pro- and stakeholders, shall assess the issues re- (4) how the Administration ensures the viding laboratory capabilities to industry lating to protecting and preserving histori- independence of such entities and their participants that are not economically via- cally important Apollo Program lunar land- members. ble as commercial entities and thus are not ing sites and Apollo program artifacts resid- SEC. 835. NASA ADVISORY COUNCIL. available elsewhere; ing on the lunar surface, including those per- (a) ASSESSMENT.—The Administrator shall (3) to ensure continued access to reliable taining to Apollo 11 and Apollo 17. enter into an arrangement with the National and efficient world-class facilities by re- (b) CONTENTS.—In conducting the assess- Academy of Public Administration to assess searchers, the Administration should estab- ment, the Director shall include— the effectiveness of the NASA Advisory lish strategic partnerships with other Fed- (1) a determination of what risks to the Council and to make recommendations to eral agencies, institutions of higher edu- protection and preservation of those sites Congress for any change to— cation, and industry, as appropriate; and

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00143 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.135 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7074 CONGRESSIONAL RECORD — SENATE December 9, 2016 (4) decisions on whether to dispose of, SEC. 839. ORBITAL DEBRIS. of inpatient rehabilitation institutions that maintain, or modernize existing facilities (a) FINDINGS.—Congress finds that— are contributing to the future of rehabilita- must be made in the context of meeting Ad- (1) orbital debris poses serious risks to the tion care medicine, as well as to patient re- ministration and other needs, including operational space capabilities of the United covery, scientific innovation, and quality of those required to meet the activities sup- States; life. porting the Human Exploration Roadmap (2) an international commitment and inte- (2) This unique category of inpatient reha- under section 432 of this Act, consider other grated strategic plan are needed to mitigate bilitation institutions treats the most com- national laboratory needs as the Adminis- the growth of orbital debris wherever pos- plex patient conditions, such as traumatic trator deems appropriate. sible; and brain injury, stroke, spinal cord injury, (b) POLICY.—It is the policy of the United (3) the delay in the Office of Science and childhood disease, burns, and wartime inju- States that the Administration maintain re- Technology Policy’s submission of a report ries. liable and efficient facilities and infrastruc- on the status of international coordination (3) These leading inpatient rehabilitation ture and that decisions on whether to dis- and development of orbital debris mitigation institutions are all not-for-profit or Govern- pose of, maintain, or modernize existing fa- strategies to be inconsistent with such risks. ment-owned institutions and serve a high cilities or infrastructure be made in the con- (b) REPORTS.— volume of Medicare or Medicaid bene- text of meeting future Administration needs. (1) COORDINATION.—Not later than 90 days ficiaries. (c) PLAN.— after the date of enactment of this Act, the (4) These leading inpatient rehabilitation (1) IN GENERAL.—The Administrator shall Administrator shall submit to the appro- institutions have been recognized by the develop a facilities and infrastructure plan. priate committees of Congress a report on Federal Government for their contributions (2) GOAL.—The goal of the plan is to posi- the status of efforts to coordinate with for- to cutting-edge research to develop solutions tion the Administration to have the facili- eign countries within the Inter-Agency that enhance quality of care, improve pa- ties and infrastructure, including labora- Space Debris Coordination Committee to tient outcomes, and reduce health care costs. tories, tools, and approaches, necessary to mitigate the effects and growth of orbital de- (5) These leading inpatient rehabilitation meet future Administration and other Fed- bris under section 1202(b)(1) of the National institutions help to improve the practice and eral agencies’ laboratory needs. Aeronautics and Space Administration Au- standard of rehabilitation medicine across (3) CONTENTS.—The plan shall identify— thorization Act of 2010 (42 U.S.C. 18441(b)(1)). the Nation in urban, suburban, and rural (A) current Administration and other Fed- (2) MITIGATION STRATEGY.—Not later than communities by training physicians, medical eral agency laboratory needs; 90 days after the date of enactment of this students, and other clinicians, and providing (B) future Administration research and de- Act, the Director of the Office of Science and care to patients from all 50 States. velopment and testing needs; Technology Policy shall submit to the appro- (6) It is vital that these leading inpatient (C) a strategy for identifying facilities and priate committees of Congress a report on rehabilitation institutions are supported so infrastructure that are candidates for dis- the status of the orbital debris mitigation they can continue to lead the Nation’s ef- posal, that is consistent with the national strategy required under section 1202(b)(2) of forts to— strategic direction set forth in— the National Aeronautics and Space Admin- (A) advance integrated, multidisciplinary (i) the National Space Policy; istration Authorization Act of 2010 (42 U.S.C. rehabilitation research; (ii) the National Aeronautics Research, De- 18441(b)(2)). (B) provide cutting-edge medical care to velopment, Test, and Evaluation Infrastruc- SEC. 840. REVIEW OF ORBITAL DEBRIS REMOVAL the most complex rehabilitation patients; ture Plan; CONCEPTS. (C) serve as education and training facili- (iii) the National Aeronautics and Space (a) SENSE OF CONGRESS.—It is the sense of ties for the physicians, nurses, and other Administration Authorization Act of 2005 Congress that— health professionals who serve rehabilitation (Public Law 109–155; 119 Stat. 2895), National (1) orbital debris in low-Earth orbit poses patients; Aeronautics and Space Administration Au- significant risks to spacecraft; (D) ensure Medicare and Medicaid bene- thorization Act of 2008 (Public Law 110-422; (2) such orbital debris may increase due to ficiaries receive state-of-the-art, high-qual- 122 Stat. 4779), and National Aeronautics and collisions between existing debris objects; ity rehabilitation care by developing and dis- Space Administration Authorization Act of and seminating best practices and advancing the 2010 (42 U.S.C. 18301 et seq.); and (3) understanding options to address and quality of care utilized by post-acute pro- (iv) the Human Exploration Roadmap remove orbital debris is important for ensur- viders in all 50 States; and under section 432 of this Act; ing safe and effective spacecraft operations (E) support other inpatient rehabilitation (D) a strategy for the maintenance, repair, in low-Earth orbit. institutions in rural areas to help ensure ac- upgrading, and modernization of Administra- (b) REVIEW.— cess to quality post-acute care for patients tion facilities and infrastructure, including (1) IN GENERAL.—Not later than 270 days living in these communities. laboratories and equipment; and after the date of enactment of this Act, the SEC. 3. STUDY AND REPORT RELATING TO THE (E) criteria for— Administrator— COSTS INCURRED BY, AND THE (A) in collaboration with the heads of MEDICARE PAYMENTS MADE TO, RE- (i) prioritizing deferred maintenance tasks; HABILITATION INNOVATION CEN- (ii) maintaining, repairing, upgrading, or other relevant Federal agencies, shall solicit TERS. modernizing Administration facilities and and review concepts and options for remov- (a) IN GENERAL.—Section 1886(j) of the So- infrastructure; and ing orbital debris from low-Earth orbit; and cial Security Act (42 U.S.C. 1395ww(j)) is (iii) implementing processes, plans, and (B) shall submit to the appropriate com- amended— policies for guiding the Administration’s mittees of Congress a report on the solicita- (1) by redesignating paragraph (8) as para- Centers on whether to maintain, repair, up- tion and review under subparagraph (A), in- graph (9); and grade, or modernize a facility or infrastruc- cluding recommendations on the best op- (2) by inserting after paragraph (7) the fol- ture and for determining the type of instru- tions for decreasing the risks associated with lowing new paragraph: ment to be used. orbital debris. ‘‘(8) STUDY AND REPORT RELATING TO THE SEC. 838. HUMAN SPACE FLIGHT ACCIDENT IN- (2) REQUIREMENTS.—The solicitation and COSTS INCURRED BY, AND THE MEDICARE PAY- VESTIGATIONS. review under paragraph (1) shall address the MENTS MADE TO, REHABILITATION INNOVATION Section 70702 of title 51, United States requirements for and feasibility of devel- CENTERS.— Code, is amended— oping and implementing each of the options. ‘‘(A) STUDY.—The Secretary shall conduct (1) by amending subsection (a)(3) to read as a study to assess the costs incurred by reha- follows: SA 5181. Mr. PORTMAN (for Mr. bilitation innovation centers (as defined in ‘‘(3) any other orbital or suborbital space KIRK) proposed an amendment to the subparagraph (C)) that are beyond the pro- vehicle carrying humans that is— bill S. 1168, to amend title XVIII of the spective rate for each of the following activi- ‘‘(A) owned by the Federal Government; or Social Security Act to preserve access ties: ‘‘(B) being used pursuant to a contract or to rehabilitation innovation centers ‘‘(i) Furnishing items and services to indi- Space Act Agreement with the Federal Gov- under the Medicare program; as fol- viduals under this title. ernment for carrying a government astro- lows: ‘‘(ii) Conducting research. naut or a researcher funded by the Federal ‘‘(iii) Providing medical training. Strike all after the enacting clause and in- Government; or’’; and ‘‘(B) REPORT.—Not later than July 1, 2019, (2) by adding at the end the following: sert the following: the Secretary shall submit to Congress a re- ‘‘(c) DEFINITIONS.—In this section: SECTION 1. SHORT TITLE. port containing the results of the study ‘‘(1) GOVERNMENT ASTRONAUT.—The term This Act may be cited as the ‘‘Preserving under subparagraph (A), together with rec- ‘government astronaut’ has the meaning Rehabilitation Innovation Centers Act of ommendations for such legislation and ad- given the term in section 50902. 2016’’. ministrative action as the Secretary deter- ‘‘(2) SPACE ACT AGREEMENT.—The term SEC. 2. FINDINGS. mines appropriate. ‘Space Act Agreement’ means an agreement Congress makes the following findings: ‘‘(C) REHABILITATION INNOVATION CENTER entered into by the Administration pursuant (1) In the United States, there are an esti- DEFINED.— to its other transactions authority under mated 1,181 inpatient rehabilitation facili- ‘‘(i) IN GENERAL.—In this paragraph, the section 20113(e).’’. ties. Among these facilities is a small group term ‘rehabilitation innovation center’

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00144 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.135 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7075 means a rehabilitation facility that, deter- ‘‘(A) with respect to enrollments occurring shall submit to Congress a plan describing mined as of the date of the enactment of this during the period beginning on the date of such changes.’’. paragraph, is described in clause (ii) or the enactment of the Veterans Education SEC. 5. CODIFICATION AND IMPROVEMENT OF clause (iii). Improvement Act of 2016 and ending on Sep- ELECTION PROCESS FOR POST-9/11 ‘‘(ii) NOT-FOR-PROFIT.—A rehabilitation fa- tember 30, 2018, an independent study pro- EDUCATIONAL ASSISTANCE PRO- cility described in this clause is a facility gram (including open circuit television) GRAM. that— that— (a) IN GENERAL.—Subchapter III of chapter ‘‘(I) is classified as a not-for-profit entity ‘‘(i) is accredited by a nationally recog- 33 of title 38, United States Code, is amended— under the IRF Rate Setting File for the Cor- nized accrediting agency; and (1) by redesignating section 3325 as section rection Notice for the Inpatient Rehabilita- ‘‘(ii) leads— 3326; and tion Facility Prospective Payment System ‘‘(I) to a standard college degree; (2) by inserting after section 3324 the fol- for Federal Fiscal Year 2012 (78 Fed. Reg. ‘‘(II) to a certificate that reflects edu- lowing new section 3325: 59256); cational attainment offered by an institu- ‘‘(II) holds at least one Federal rehabilitation of higher learning; or ‘‘§ 3325. Election to receive educational assist- tion research and training designation for re- ‘‘(III) to a certificate that reflects comple- ance search projects on traumatic brain injury, tion of a course of study offered by— ‘‘(a) INDIVIDUALS ELIGIBLE TO ELECT PAR- spinal cord injury, or stroke rehabilitation ‘‘(aa) an area career and technical edu- TICIPATION IN POST-9/11 EDUCATIONAL ASSIST- research from the Rehabilitation Research cation school (as defined in subparagraphs ANCE.—An individual may elect to receive and Training Centers or the Rehabilitation (C) and (D) of section 3(3) of the Carl D. Per- educational assistance under this chapter if Engineering Research Center at the National kins Career and Technical Education Act of such individual— Institute on Disability and Rehabilitation 2006 (20 U.S.C. 2302(3))) that provides edu- ‘‘(1) as of August 1, 2009— Research at the Department of Education, cation at the postsecondary level; or ‘‘(A) is entitled to basic educational assist- based on such data submitted to the Sec- ‘‘(bb) a postsecondary vocational institu- ance under chapter 30 of this title and has retary by a facility, in a form, manner, and tion (as defined in section 102(c) of the High- used, but retains unused, entitlement under time frame specified by the Secretary; er Education Act of 1965 (20 U.S.C. 1002(c))) that chapter; ‘‘(III) has a minimum Medicare case mix that provides education at the postsecondary ‘‘(B) is entitled to educational assistance index of 1.1144 for fiscal year 2012 according level; and under chapter 107, 1606, or 1607 of title 10 and to the IRF Rate Setting File described in ‘‘(B) with respect to enrollments occurring has used, but retains unused, entitlement subclause (I); and during any period other than the period de- under the applicable chapter; ‘‘(IV) had at least 300 Medicare discharges scribed in subparagraph (A), an accredited ‘‘(C) is entitled to basic educational assist- or at least 200 Medicaid discharges in a prior independent study program (including open ance under chapter 30 of this title but has year as determined by the Secretary. circuit television) leading— not used any entitlement under that chap- ‘‘(iii) GOVERNMENT-OWNED.—A rehabilita- ‘‘(i) to a standard college degree; or ter; tion facility described in this clause is a fa- ‘‘(ii) to a certificate that reflects edu- ‘‘(D) is entitled to educational assistance cility that— cational attainment offered by an institu- under chapter 107, 1606, or 1607 of title 10 but ‘‘(I) is classified as a Government-owned tion of higher learning.’’. has not used any entitlement under such institution under the IRF Rate Setting File SEC. 3. APPROVAL OF COURSES OF EDUCATION chapter; described in clause (ii)(I); AND TRAINING FOR PURPOSES OF ‘‘(E) is a member of the Armed Forces who ‘‘(II) holds at least one Federal rehabilita- THE VOCATIONAL REHABILITATION is eligible for receipt of basic educational as- tion research and training designation for re- PROGRAM OF THE DEPARTMENT OF sistance under chapter 30 of this title and is search projects on traumatic brain injury, VETERANS AFFAIRS. making contributions toward such assist- spinal cord injury, or stroke rehabilitation (a) IN GENERAL.—Section 3104(b) of title 38, ance under section 3011(b) or 3012(c) of this research from the Rehabilitation Research United States Code, is amended— title; or and Training Centers, the Rehabilitation En- (1) by inserting ‘‘(1)’’ before ‘‘A rehabilita- ‘‘(F) is a member of the Armed Forces who gineering Research Center, or the Model Spi- tion’’; and is not entitled to basic educational assist- nal Cord Injury Systems at the National In- (2) by adding at the end the following new ance under chapter 30 of this title by reason stitute on Disability and Rehabilitation Re- paragraph: of an election under section 3011(c)(1) or search at the Department of Education, ‘‘(2)(A) Except as provided in subparagraph 3012(d)(1) of this title; and based on such data submitted to the Sec- (B), to the maximum extent practicable, a ‘‘(2) as of the date of the individual’s elec- retary by a facility, in a form, manner, and course of education or training may be pur- tion under this paragraph, meets the require- time frame specified by the Secretary; sued by a veteran as part of a rehabilitation ments for entitlement to educational assist- ‘‘(III) has a minimum Medicare case mix program under this chapter only if the ance under this chapter. index of 1.1144 for 2012 according to the IRF course is approved for purposes of chapter 30 ‘‘(b) CESSATION OF CONTRIBUTIONS TOWARD Rate Setting File described in clause (ii)(I); or 33 of this title. GI BILL.—Effective as of the first month be- ‘‘(B) The Secretary may waive the require- and ginning on or after the date of an election ment under subparagraph (A) to the extent under subsection (a) of an individual de- ‘‘(IV) has a Medicare disproportionate the Secretary determines appropriate.’’. scribed by paragraph (1)(E) of that sub- share hospital (DSH) percentage of at least (b) EFFECTIVE DATE.—The amendments section, the obligation of the individual to 0.6300 according to the IRF Rate Setting File made by subsection (a) shall apply with re- make contributions under section 3011(b) or described in clause (ii)(I)).’’. spect to a course of education or training 3012(c) of this title, as applicable, shall cease, SA 5182. Mr. PORTMAN (for Mr. pursued by a veteran who first begins a pro- and the requirements of such section shall be gram of rehabilitation under chapter 31 of deemed to be no longer applicable to the in- INHOFE (for himself and Mr. title 38, United States Code, on or after the dividual. BLUMENTHAL)) proposed an amendment date that is one year after the date of the en- ‘‘(c) REVOCATION OF REMAINING TRANS- to the bill S. 3021, to amend title 38, actment of this Act. FERRED ENTITLEMENT.— United States Code, to authorize the SEC. 4. AUTHORITY TO PRIORITIZE VOCATIONAL ‘‘(1) ELECTION TO REVOKE.—If, on the date use of Post-9/11 Educational Assistance REHABILITATION SERVICES BASED an individual described in paragraph (1)(A) to pursue independent study programs ON NEED. or (1)(C) of subsection (a) makes an election at certain educational institutions Section 3104 of title 38, United States Code, under that subsection, a transfer of the enti- that are not institutions of higher as amended by section 3, is further amended tlement of the individual to basic edu- learning; as follows: by adding at the end the following new sub- cational assistance under section 3020 of this section: title is in effect and a number of months of Strike all after the enacting clause and in- ‘‘(c)(1) The Secretary shall have the au- the entitlement so transferred remain unuti- sert the following: thority to administer this chapter by lized, the individual may elect to revoke all SECTION 1. SHORT TITLE. prioritizing the provision of services under or a portion of the entitlement so trans- This Act may be cited as the ‘‘Veterans this chapter based on need, as determined by ferred that remains unutilized. Education Improvement Act of 2016’’ or the the Secretary. ‘‘(2) AVAILABILITY OF REVOKED ENTITLE- ‘‘VEI Act of 2016’’. ‘‘(2) In evaluating need for purposes of this MENT.—Any entitlement revoked by an indi- SEC. 2. AUTHORIZATION FOR USE OF POST-9/11 subsection, the Secretary shall consider dis- vidual under this paragraph shall no longer EDUCATIONAL ASSISTANCE TO PUR- be available to the dependent to whom trans- SUE INDEPENDENT STUDY PRO- ability ratings, the severity of employment GRAMS AT CERTAIN EDUCATIONAL handicaps, qualification for a program of ferred, but shall be available to the indi- INSTITUTIONS THAT ARE NOT INSTI- independent living services and assistance, vidual instead for educational assistance TUTIONS OF HIGHER LEARNING. income, and such other factors as the Sec- under chapter 33 of this title in accordance Paragraph (4) of section 3680A(a) of title 38, retary considers appropriate. with the provisions of this section. United States Code, is amended to read as ‘‘(3) Not later than 90 days before making ‘‘(3) AVAILABILITY OF UNREVOKED ENTITLE- follows: any changes to the prioritization of the pro- MENT.—Any entitlement described in para- ‘‘(4) any independent study program ex- vision of services under this chapter as au- graph (1) that is not revoked by an indi- cept— thorized under paragraph (1), the Secretary vidual in accordance with that paragraph

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00145 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.138 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7076 CONGRESSIONAL RECORD — SENATE December 9, 2016 shall remain available to the dependent or individual covered by paragraph (1) who is SEC. 7. RETENTION OF ENTITLEMENT TO EDU- dependents concerned in accordance with the described by subsection (a)(1)(E), the number CATIONAL ASSISTANCE DURING current transfer of such entitlement under of months of entitlement to basic edu- CERTAIN ADDITIONAL PERIODS OF section 3020 of this title. cational assistance remaining to the indi- ACTIVE DUTY. ‘‘(d) POST-9/11 EDUCATIONAL ASSISTANCE.— vidual for purposes of paragraph (1)(B)(i)(II) (a) EDUCATIONAL ASSISTANCE ALLOWANCE.— ‘‘(1) IN GENERAL.—Subject to paragraph (2) shall be 36 months. Section 16131(c)(3)(B)(i) of title 10, United States Code, is amended by striking ‘‘or and except as provided in subsection (e), an ‘‘(3) TIMING OF PAYMENT.—The amount pay- individual making an election under sub- able with respect to an individual under 12304’’ and inserting ‘‘12304, 12304a, or section (a) shall be entitled to educational paragraph (1) shall be paid to the individual 12304b’’. assistance under this chapter in accordance together with the last payment of the (b) EXPIRATION DATE.—Section 16133(b)(4) with the provisions of this chapter, instead monthly stipend payable to the individual of such title is amended by striking ‘‘or of basic educational assistance under chap- under paragraph (1)(B) of section 3313(c) of 12304’’ and inserting ‘‘12304, 12304a, or ter 30 of this title, or educational assistance this title, or under paragraphs (2) through (7) 12304b’’. under chapter 107, 1606, or 1607 of title 10, as of that section (as applicable), before the ex- SEC. 8. REPORTS ON PROGRESS OF STUDENTS applicable. haustion of the individual’s entitlement to RECEIVING POST-9/11 EDUCATIONAL ASSISTANCE. ‘‘(2) LIMITATION ON ENTITLEMENT FOR CER- educational assistance under this chapter. (a) IN GENERAL.—Chapter 33 of title 38, TAIN INDIVIDUALS.—In the case of an indi- ‘‘(g) CONTINUING ENTITLEMENT TO ADDI- vidual making an election under subsection TIONAL ASSISTANCE FOR CRITICAL SKILLS OR United States Code, as amended by section 5, (a) who is described by paragraph (1)(A) of SPECIALITY AND ADDITIONAL SERVICE.—An in- is further amended— that subsection, the number of months of en- dividual making an election under sub- (1) in subsection 3326(c), as redesignated— titlement of the individual to educational section (a)(1) who, at the time of the elec- (A) in paragraph (2), by striking ‘‘and’’ assistance under this chapter shall be the tion, is entitled to increased educational as- after the semicolon; number of months equal to— sistance under section 3015(d) of this title, or (B) by redesignating paragraph (3) as para- ‘‘(A) the number of months of unused enti- section 16131(i) of title 10, or supplemental graph (4); and tlement of the individual under chapter 30 of educational assistance under subchapter III (C) by inserting after paragraph (2) the fol- this title, as of the date of the election, plus of chapter 30 of this title, shall remain enti- lowing new paragraph (3): ‘‘(B) the number of months, if any, of entitled to such increased educational assistance ‘‘(3) the information received by the Sec- tlement revoked by the individual under sub- or supplemental educational assistance in retary under section 3327 of this title; and’’; section (c)(1). the utilization of entitlement to educational and ‘‘(e) CONTINUING ENTITLEMENT TO EDU- assistance under this chapter, in an amount (2) by adding at the end the following new CATIONAL ASSISTANCE NOT AVAILABLE UNDER equal to the quarter, semester, or term, as section: 9/11 ASSISTANCE PROGRAM.— applicable, equivalent of the monthly ‘‘§ 3327. Report on student progress ‘‘(1) IN GENERAL.—In the event educational amount of such increased educational assist- assistance to which an individual making an ‘‘As a condition on approval under chapter ance or supplemental educational assistance 36 of this title of a course offered by an edu- election under subsection (a) would be enti- payable with respect to the individual at the tled under chapter 30 of this title, or chapter cational institution (as defined in section time of the election. 3452 of this title), each year, each edu- 107, 1606, or 1607 of title 10, as applicable, is ‘‘(h) ALTERNATIVE ELECTION BY SEC- cational institution (as so defined) that re- not authorized to be available to the indi- RETARY.— ceived a payment in that year on behalf of vidual under the provisions of this chapter ‘‘(1) IN GENERAL.—In the case of an indian individual entitled to educational assist- the individual shall remain entitled to such vidual who, on or after January 1, 2016, sub- ance under this chapter shall submit to the educational assistance in accordance with mits to the Secretary an election under this Secretary such information regarding the the provisions of the applicable chapter. section that the Secretary determines is academic progress of the individual as the ‘‘(2) CHARGE FOR USE OF ENTITLEMENT.—The clearly against the interests of the indi- Secretary may require.’’. utilization by an individual of entitlement vidual, or who fails to make an election under paragraph (1) shall be chargeable (b) CLERICAL AMENDMENT.—The table of under this section, the Secretary may make sections at the beginning of such chapter, as against the entitlement of the individual to an alternative election on behalf of the indi- educational assistance under this chapter at amended by section 5, is further amended by vidual that the Secretary determines is in adding at the end the following new item: the rate of one month of entitlement under the best interests of the individual. this chapter for each month of entitlement ‘‘(2) NOTICE.—If the Secretary makes an ‘‘3327. Report on student progress.’’. utilized by the individual under paragraph election on behalf of an individual under this (c) EFFECTIVE DATE.—The amendments (1) (as determined as if such entitlement subsection, the Secretary shall notify the in- made by this section shall take effect on the were utilized under the provisions of chapter dividual by not later than seven days after date that is one year after the date of the en- 30 of this title, or chapter 107, 1606, or 1607 of making such election and shall provide the actment of this Act. title 10, as applicable). individual with a 30-day period, beginning on SEC. 9. CENTRALIZED REPORTING OF VETERAN ‘‘(f) ADDITIONAL POST-9/11 ASSISTANCE FOR the date of the individual’s receipt of such ENROLLMENT BY CERTAIN GROUPS, MEMBERS HAVING MADE CONTRIBUTIONS TO- notice, during which the individual may DISTRICTS, AND CONSORTIUMS OF EDUCATIONAL INSTITUTIONS. WARD GI BILL.— modify or revoke the election made by the (a) IN GENERAL.—Section 3684(a) of title 38, ‘‘(1) ADDITIONAL ASSISTANCE.—In the case Secretary on the individual’s behalf. The United States Code, is amended— of an individual making an election under Secretary shall include, as part of such no- (1) in paragraph (1), by inserting ‘‘32, 33,’’ subsection (a) who is described by subpara- tice, a clear statement of why the alter- after ‘‘31,’’; and graph (A), (C), or (E) of paragraph (1) of that native election made by the Secretary is in (2) by adding at the end the following new subsection, the amount of educational assist- the best interests of the individual as com- paragraph: ance payable to the individual under this pared to the election submitted by the indi- ‘‘(4) For purposes of this subsection, the chapter as a monthly stipend payable under vidual. The Secretary shall provide the no- term ‘educational institution’ may include a paragraph (1)(B) of section 3313(c) of this tice required under this paragraph by elec- group, district, or consortium of separately title, or under paragraphs (2) through (7) of tronic means whenever possible. accredited educational institutions located that section (as applicable), shall be the ‘‘(i) IRREVOCABILITY OF ELECTIONS.—An amount otherwise payable as a monthly sti- election under subsection (a) or (c)(1) is ir- in the same State that are organized in a pend under the applicable paragraph in- revocable.’’. manner that facilitates the centralized re- creased by the amount equal to— (b) CLERICAL AMENDMENT.—The table of porting of the enrollments in such group, ‘‘(A) the total amount of contributions to- sections at the beginning of such chapter is district, or consortium of institutions.’’. ward basic educational assistance made by amended by striking the item relating to (b) EFFECTIVE DATE.—The amendments the individual under section 3011(b) or 3012(c) section 3325 and inserting the following new made by subsection (a) shall apply with re- of this title, as of the date of the election, items: spect to reports submitted on or after the multiplied by ‘‘3325. Election to receive educational assist- date of the enactment of this Act. ‘‘(B) the fraction— ance. SEC. 10. ROLE OF STATE APPROVING AGENCIES. ‘‘(i) the numerator of which is— ‘‘3326. Reporting requirement.’’. (a) APPROVAL OF CERTAIN COURSES.—Sec- ‘‘(I) the number of months of entitlement (c) CONFORMING REPEAL.—Subsection (c) of tion 3672(b)(2)(A) of title 38, United States to basic educational assistance under chap- section 5003 of the Post-9/11 Veterans Edu- Code, is amended by striking ‘‘the following’’ ter 30 of this title remaining to the indi- cational Assistance Act of 2008 (Public Law and all that follows through the colon and vidual at the time of the election; plus 110–252; 38 U.S.C. 3301 note) is hereby re- inserting the following: ‘‘a program of edu- ‘‘(II) the number of months, if any, of enti- pealed. cation is deemed to be approved for purposes tlement under chapter 30 revoked by the in- SEC. 6. WORK-STUDY ALLOWANCE. of this chapter if a State approving agency, dividual under subsection (c)(1); and Section 3485(a)(4) of title 38, United States or the Secretary when acting in the role of a ‘‘(ii) the denominator of which is 36 Code, is amended by striking ‘‘June 30, 2013’’ State approving agency, determines that the months. each place it appears and inserting ‘‘June 30, program is one of the following programs:’’. ‘‘(2) MONTHS OF REMAINING ENTITLEMENT 2013, or the period beginning on June 30, 2017, (b) APPROVAL OF OTHER COURSES.—Section FOR CERTAIN INDIVIDUALS.—In the case of an and ending on June 30, 2022’’. 3675 of such title is amended—

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00146 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.140 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7077 (1) in subsection (a)(1)— any student recruiting or admission activi- tions and training establishments offering (A) by striking ‘‘The Secretary or a State ties or in making decisions regarding the one or more courses approved for the enroll- approving agency’’ and inserting ‘‘A State award of student financial assistance, except ment of eligible veterans or persons if at approving agency, or the Secretary when for the recruitment of foreign students resid- least 20 such veterans or persons are enrolled acting in the role of a State approving agen- ing in foreign countries who are not eligible in any such course. cy,’’; and to receive Federal student assistance. ‘‘(2) The Secretary shall— (B) by striking ‘‘offered by proprietary for- ‘‘(2) Not later than 30 days after the date ‘‘(A) design the compliance surveys re- profit educational institutions’’ and insert- on which the Secretary issues a waiver under quired by paragraph (1) to ensure that such ing ‘‘not covered by section 3672 of this paragraph (1), the Secretary shall submit to institutions or establishments described in title’’; and Congress notice of such waiver and a jus- such paragraph, as the case may be, and ap- (2) in subsection (b)— tification for issuing such waiver.’’. proved courses are in compliance with all ap- (A) in the matter before paragraph (1), by (c) APPROVAL OF ACCREDITED COURSES.— plicable provisions of chapters 30 through 36 striking ‘‘the Secretary or the State approv- Section 3675(b)(3) of such title, as amended of this title; ing agency’’ and inserting ‘‘the State approv- by section 10, is further amended— ‘‘(B) survey each such educational institu- ing agency, or the Secretary when acting in (1) by striking ‘‘and (3)’’ and inserting ‘‘(3), tion and training establishment not less the role of a State approving agency,’’; and (14), (15), and (16)’’; and than once during every two-year period; and (B) in paragraph (1), by striking ‘‘the Sec- (2) by inserting before the period at the end ‘‘(C) assign not fewer than one education retary or the State approving agency’’ and the following: ‘‘(or, with respect to such compliance specialist to work on compliance inserting ‘‘the State approving agency, or paragraphs (14) and (15), the requirements surveys in any year for each 40 compliance the Secretary when acting in the role of a under such paragraphs are waived pursuant surveys required to be made under this sec- State approving agency’’. to subsection (f)(1) of section 3676 of this tion for such year. SEC. 11. MODIFICATION OF REQUIREMENTS FOR title)’’. ‘‘(3) The Secretary, in consultation with APPROVAL FOR PURPOSES OF EDU- (d) APPROVAL OF ACCREDITED STANDARD the State approving agencies, shall— CATIONAL ASSISTANCE PROVIDED COLLEGE DEGREE PROGRAMS OFFERED AT ‘‘(A) annually determine the parameters of BY DEPARTMENT OF VETERANS AF- PUBLIC OR NOT-FOR-PROFIT EDUCATIONAL IN- the surveys required under paragraph (1); FAIRS OF PROGRAMS DESIGNED TO STITUTIONS.—Section 3672(b)(2) of such title and PREPARE INDIVIDUALS FOR LICEN- ‘‘(B) not later than September 1 of each SURE OR CERTIFICATION. is amended— (1) in subparagraph (A)(i), by striking ‘‘An year, make available to the State approving (a) APPROVAL OF NONACCREDITED accredited’’ and inserting ‘‘Except as pro- agencies a list of the educational institu- COURSES.—Subsection (c) of section 3676 of vided in subparagraph (C), an accredited’’; tions and training establishments that will title 38, United States Code, is amended— be surveyed during the fiscal year following (1) by redesignating paragraph (14) as para- and (2) by adding at the end the following new the date of making such list available.’’; and graph (16); and (2) by adding at the end the following new (2) by inserting after paragraph (13) the fol- subparagraph: ‘‘(C) A course that is described in both sub- subsection: lowing new paragraphs: ‘‘(c) In this section, the terms ‘educational ‘‘(14) In the case of a course designed to paragraph (A)(i) of this paragraph and in paragraph (14) or (15) of section 3676(c) of this institution’ and ‘training establishment’ prepare an individual for licensure or certifi- have the meanings given such terms in sec- cation in a State, the course— title shall not be deemed to be approved for purposes of this chapter unless— tion 3452 of this title.’’. ‘‘(A) meets all instructional curriculum li- (b) CONFORMING AMENDMENTS.—Subsection ‘‘(i) a State approving agency, or the Sec- censure or certification requirements of such (b) of such section is amended— retary when acting in the role of a State ap- State; and (1) by striking ‘‘subsection (a) of this sec- proving agency, determines that the course ‘‘(B) in the case of a course designed to pre- tion for an annual compliance survey’’ and meets the applicable criteria in such para- pare an individual for licensure to practice inserting ‘‘subsection (a)(1) for a compliance graphs; or law in a State, is accredited by an accred- survey’’; ‘‘(ii) the Secretary issues a waiver for such iting agency or association recognized by the (2) by striking ‘‘institution’’ and inserting course under section 3676(f)(1) of this title.’’. Secretary of Education under subpart 2 of ‘‘educational institution or training estab- (e) DISAPPROVAL OF COURSES.—Section 3679 part H of title IV of the Higher Education lishment’’; and of such title is amended by adding at the end Act of 1965 (20 U.S.C. 1099b). (3) by striking ‘‘institution’s demonstrated the following new subsection: ‘‘(15) In the case of a course designed to record of compliance’’ and inserting ‘‘record ‘‘(d) Notwithstanding any other provision prepare an individual for employment pursu- of compliance of such institution or estab- of this chapter, the Secretary or the applica- ant to standards developed by a board or lishment’’. agency of a State in an occupation that re- ble State approving agency shall disapprove a course of education described in paragraph SEC. 13. TECHNICAL AMENDMENT RELATING TO quires approval, licensure, or certification, IN-STATE TUITION RATE FOR INDI- the course— (14) or (15) of section 3676(c) of this title un- VIDUALS TO WHOM ENTITLEMENT IS ‘‘(A) meets such standards; and less the educational institution providing TRANSFERRED UNDER ALL-VOLUN- ‘‘(B) in the case of a course designed to pre- the course of education— TEER FORCE EDUCATIONAL ASSIST- pare an individual for licensure to practice ‘‘(1) publicly discloses any conditions or ANCE PROGRAM AND POST-9/11 EDU- CATIONAL ASSISTANCE. law in a State, is accredited by an accred- additional requirements, including training, (a) TECHNICAL AMENDMENT.—Subparagraph iting agency or association recognized by the experience, or examinations, required to obtain the license, certification, or approval (B) of section 3679(c)(2) of title 38, United Secretary of Education under subpart 2 of States Code, is amended to read as follows: part H of title IV of the Higher Education for which the course of education is designed to provide preparation; and ‘‘(B) An individual who is entitled to as- Act of 1965 (20 U.S.C. 1099b).’’. sistance under— (b) EXCEPTIONS.—Such section is further ‘‘(2) makes each disclosure required by ‘‘(i) section 3311(b)(9) of this title; or amended by adding at the end the following paragraph (1) in a manner that the Secretary ‘‘(ii) section 3319 of this title by virtue of new subsection: considers prominent (as specified by the Sec- the individual’s relationship to— ‘‘(f)(1) The Secretary may waive the re- retary in regulations prescribed for purposes ‘‘(I) a veteran described in subparagraph quirements of paragraph (14) or (15) of sub- of this subsection).’’. (A); or section (c) in the case of a course of edu- (f) APPLICABILITY.—If after enrollment in a ‘‘(II) a member of the uniformed services cation offered by an educational institution course of education that is subject to dis- described in section 3319(b) of this title who (either accredited or not accredited) if the approval by reason of an amendment made is serving on active duty.’’. Secretary determines all of the following: by this Act, an individual pursues one or (b) APPLICABILITY.—The amendment made ‘‘(A) The educational institution is not ac- more courses of education at the same edu- by subsection (a) shall apply with respect to credited by an agency or association recog- cational institution while remaining con- a course, semester, or term that begins after nized by the Secretary of Education. tinuously enrolled (other than during regu- July 1, 2017. ‘‘(B) The course did not meet the require- larly scheduled breaks between courses, se- SEC. 14. AUTHORITY OF DIRECTORS OF VET- ments of such paragraph at any time during mesters, or terms) at that institution, any course so pursued by the individual at that ERANS INTEGRATED SERVICE NET- the two-year period preceding the date of the WORKS TO INVESTIGATE MEDICAL waiver. institution while so continuously enrolled CENTERS OF THE DEPARTMENT OF ‘‘(C) The waiver furthers the purposes of shall not be subject to disapproval by reason VETERANS AFFAIRS. the educational assistance programs admin- of such amendment. (a) IN GENERAL.—The Director of a Vet- istered by the Secretary or would further the SEC. 12. COMPLIANCE SURVEYS. erans Integrated Service Network of the De- education interests of individuals eligible for (a) IN GENERAL.—Section 3693 of title 38, partment of Veterans Affairs may contract assistance under such programs. United States Code, is amended— with an appropriate entity specializing in ci- ‘‘(D) The educational institution does not (1) by striking subsection (a) and inserting vilian accreditation or health care evalua- provide any commission, bonus, or other in- the following new subsection (a): tion to investigate any medical center with- centive payment based directly or indirectly ‘‘(a)(1) Except as provided in subsection in such Network to assess and report defi- on success in securing enrollments or finan- (b), the Secretary shall conduct an annual ciencies of the facilities at such medical cen- cial aid to any persons or entities engaged in compliance survey of educational institu- ter.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00147 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.140 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7078 CONGRESSIONAL RECORD — SENATE December 9, 2016

(b) COORDINATION.—Before entering into (b) COMPREHENSIVE SECURITY ASSESSMENT 60 days after the date on which the assess- any contract under subsection (a), the Direc- OF THE TRANSPORTATION SECURITY CARD PRO- ment is completed, shall submit a corrective tor of a Veterans Integrated Service Net- GRAM.— action plan to the Committee on Commerce, work shall notify the Secretary of Veterans (1) IN GENERAL.—Not later than 60 days Science, and Transportation and the Com- Affairs, the Inspector General of the Depart- after the date of enactment of this Act, the mittee on Homeland Security and Govern- ment of Veterans Affairs, and the Comp- Secretary of Homeland Security shall com- mental Affairs of the Senate, the Committee troller General of the United States for pur- mission an assessment of the effectiveness of on Homeland Security and the Committee on poses of coordinating any investigation con- the transportation security card program Transportation and Infrastructure of the ducted pursuant to such contract with any (referred to in this section as ‘‘Program’’) re- House of Representatives that— other investigations or accreditations that quired under section 70105 of title 46, United (1) responds to findings of the assessment; may be ongoing. States Code, at enhancing security and re- (2) includes an implementation plan with (c) RULE OF CONSTRUCTION.—Nothing in ducing security risks for facilities and ves- benchmarks; this section may be construed— sels regulated under chapter 701 of that title. (3) may include programmatic reforms, re- (1) to prevent the Office of the Inspector (2) LOCATION.—The assessment commis- visions to regulations, or proposals for legis- General of the Department of Veterans Af- sioned under paragraph (1) shall be con- lation; and fairs from conducting any review, audit, ducted by a research organization with sig- (4) shall be considered in any rulemaking evaluation, or inspection regarding a topic nificant experience in port or maritime secu- by the Department of Homeland Security re- for which a review is conducted under sub- rity, such as— lating to the Program. section (a); or (A) a national laboratory; (d) INSPECTOR GENERAL REVIEW.—If a cor- (2) to modify the requirement that employ- (B) a university-based center within the rective action plan is submitted under sub- ees of the Department assist with any re- Science and Technology Directorate’s cen- section (c), the Inspector General of the De- view, audit, evaluation, or inspection con- ters of excellence network; or partment of Homeland Security shall— ducted by the Office of the Inspector General (C) a qualified federally-funded research (1) not later than 120 days after the date of of the Department. and development center. such submission, review the extent to which (3) CONTENTS.—The assessment commis- such plan implements the requirements SA 5183. Mr. PORTMAN (for Mr. sioned under paragraph (1) shall— under subsection (c); and THUNE) proposed an amendment to the (A) review the credentialing process by de- (2) not later than 18 months after the date bill H.R. 710, to require the Secretary termining— of such submission, and annually thereafter of Homeland Security to prepare a (i) the appropriateness of vetting stand- for 3 years, submit a report to the congres- comprehensive security assessment of ards; sional committees set forth in subsection (c) (ii) whether the fee structure adequately the transportation security card pro- that describes the progress of the implemen- reflects the current costs of vetting; tation of such plan. gram, and for other purposes; as fol- (iii) whether there is unnecessary redun- lows: dancy or duplication with other Federal- or Mr. PORTMAN (for Mr. BAR- Strike all after the enacting clause and in- State-issued transportation security creden- SA 5184. sert the following: tials; and RASSO) proposed an amendment to the SECTION 1. TRANSPORTATION WORKER IDENTI- (iv) the appropriateness of having varied bill S. 1776, to enhance tribal road safe- FICATION CREDENTIAL SECURITY Federal and State threat assessments and ty, and for other purposes; as follows: CARD PROGRAM IMPROVEMENTS access controls; Strike all after the enacting clause and in- AND ASSESSMENT. (B) review the process for renewing appli- sert the following: (a) CREDENTIAL IMPROVEMENTS.— cations for Transportation Worker Identi- SECTION 1. SHORT TITLE. (1) IN GENERAL.—Not later than 60 days fication Credentials, including the number of This Act may be cited as the ‘‘Tribal Infra- after the date of enactment of this Act, the days it takes to review application, appeal, structure and Roads Enhancement and Safe- Administrator of the Transportation Secu- and waiver requests for additional informa- ty Act’’ or the ‘‘TIRES Act’’. rity Administration shall commence actions, tion; and consistent with section 70105 of title 46, (C) review the security value of the Pro- SEC. 2. DEFINITION OF SECRETARY. United States Code, to improve the Trans- gram by— In this Act, the term ‘‘Secretary’’ means portation Security Administration’s process (i) evaluating the extent to which the Pro- the Secretary of the Interior. for vetting individuals with access to secure gram, as implemented, addresses known or SEC. 3. APPLICATION OF CATEGORICAL EXCLU- areas of vessels and maritime facilities. likely security risks in the maritime and SIONS TO CERTAIN TRIBAL TRANS- (2) REQUIRED ACTIONS.—The actions deport environments; PORTATION FACILITIES. scribed under paragraph (1) shall include— (ii) evaluating the potential for a non-bio- (a) DEFINITION OF TRIBAL TRANSPORTATION (A) conducting a comprehensive risk anal- metric credential alternative; SAFETY PROJECT.— ysis of security threat assessment proce- (iii) identifying the technology, business (1) IN GENERAL.—In this section, the term dures, including— process, and operational impacts of the use ‘‘tribal transportation safety project’’ means (i) identifying those procedures that need of the transportation security card and a project described in paragraph (2) that is additional internal controls; and transportation security card readers in the eligible for funding under section 202 of title (ii) identifying best practices for quality maritime and port environments; 23, United States Code, and that— assurance at every stage of the security (iv) assessing the costs and benefits of the (A) corrects or improves a hazardous road threat assessment; Program, as implemented; and location or feature; or (B) implementing the additional internal (v) evaluating the extent to which the Sec- (B) addresses a highway safety problem. controls and best practices identified under retary of Homeland Security has addressed (2) PROJECTS DESCRIBED.—A project de- subparagraph (A); the deficiencies in the Program identified by scribed in this paragraph is a project for 1 or (C) improving fraud detection techniques, the Government Accountability Office and more of the following: such as— the Inspector General of the Department of (A) An intersection safety improvement. (i) by establishing benchmarks and a proc- Homeland Security before the date of enact- (B) Pavement and shoulder widening (in- ess for electronic document validation; ment of this Act. cluding the addition of a passing lane to (ii) by requiring annual training for Trust- (4) DEADLINES.—The assessment commis- remedy an unsafe condition). ed Agents; and sioned under paragraph (1) shall be com- (C) Installation of rumble strips or another (iii) by reviewing any security threat as- pleted not later than 1 year after the date on warning device, if the rumble strips or other sessment-related information provided by which the assessment is commissioned. warning devices do not adversely affect the Trusted Agents and incorporating any new (5) SUBMISSION TO CONGRESS.—Not later safety or mobility of bicyclists and pedes- threat information into updated guidance than 60 days after the date that the assess- trians, including persons with disabilities. under subparagraph (D); ment is completed, the Secretary of Home- (D) Installation of a skid-resistant surface (D) updating the guidance provided to land Security shall submit to the Committee at an intersection or other location with a Trusted Agents regarding the vetting process on Commerce, Science, and Transportation high frequency of crashes. and related regulations; and the Committee on Homeland Security (E) An improvement for pedestrian or bicy- (E) finalizing a manual for Trusted Agents and Governmental Affairs of the Senate and clist safety or the safety of persons with dis- and adjudicators on the vetting process; and the Committee on Homeland Security and abilities. (F) establishing quality controls to ensure the Committee on Transportation and Infra- (F) Construction and improvement of a consistent procedures to review adjudication structure of the House of Representatives railway-highway grade crossing safety fea- decisions and terrorism vetting decisions. the results of the assessment commissioned ture, including the installation of protective (3) REPORT.—Not later than 2 years after under this subsection. devices. the date of enactment of this Act, the In- (c) CORRECTIVE ACTION PLAN; PROGRAM RE- (G) The conduct of a model traffic enforce- spector General of the Department of Home- FORMS.—If the assessment commissioned ment activity at a railway-highway crossing. land Security shall submit a report to Con- under subsection (b) identifies a deficiency (H) Construction of a traffic calming fea- gress that evaluates the implementation of in the effectiveness of the Program, the Sec- ture. the actions described in paragraph (1). retary of Homeland Security, not later than (I) Elimination of a roadside hazard.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00148 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.140 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7079

(J) Installation, replacement, and other (5) TECHNICAL ASSISTANCE.—The Secretary of title 40, Code of Federal Regulations (or improvements of highway signage and pave- of Transportation shall provide technical as- successor regulations); ment markings or a project to maintain min- sistance to the Secretary in carrying out (B) set forth the responsibilities of the In- imum levels of retroreflectivity that ad- this subsection. dian tribe for making categorical exclusion dresses a highway safety problem consistent (c) REVIEWS OF TRIBAL TRANSPORTATION determinations, documenting the determina- with a State strategic highway safety plan. SAFETY PROJECTS.— tions, and achieving acceptable quality con- (K) Installation of a priority control sys- (1) IN GENERAL.—The Secretary or the head trol and quality assurance; tem for emergency vehicles at signalized of another Federal agency responsible for a (C) allow— intersections. decision related to a tribal transportation (i) the Secretary to monitor compliance of (L) Installation of a traffic control or other safety project shall complete any approval the Indian tribe with the terms of the agree- warning device at a location with high crash or decision for the review of the tribal trans- ment; and potential. portation safety project required under the (ii) the Indian tribe to execute any needed (M) Transportation safety planning. National Environmental Policy Act of 1969 corrective action; (N) Collection, analysis, and improvement (42 U.S.C. 4321 et seq.) or any other applica- (D) contain stipulations for amendments, of safety data. ble Federal law on an expeditious basis using termination, and public availability of the (O) Planning integrated interoperable the shortest existing applicable process. agreement once the agreement has been exe- emergency communications equipment, (2) REVIEW OF APPLICATIONS.—Not later cuted; and operational activities, or traffic enforcement than 45 days after the date of receipt of a (E) have a term of not more than 5 years, activities (including police assistance) relat- complete application by an Indian tribe for with an option for renewal based on a review ing to work zone safety. approval of a tribal transportation safety by the Secretary of the performance of the (P) Installation of guardrails, barriers (in- project, the Secretary shall— Indian tribe. cluding barriers between construction work (A) take final action on the application; or zones and traffic lanes for the safety of road (B) provide the Indian tribe a schedule for SA 5185. Mr. PORTMAN (for Mr. users and workers), and crash attenuators. completion of the review described in para- KING) proposed an amendment to the (Q) The addition or retrofitting of struc- graph (1), including the identification of any bill H.R. 4245, to exempt exportation of tures or other measures to eliminate or re- other Federal agency that has jurisdiction certain echinoderms and mollusks duce crashes involving vehicles and wildlife. with respect to the project. (R) Installation of yellow-green signs and from licensing requirements under the (3) DECISIONS UNDER OTHER FEDERAL signals at pedestrian and bicycle crossings Endangered Species Act of 1973; as fol- LAWS.—In any case in which a decision under and in school zones. any other Federal law relating to a tribal lows: (S) Construction and operational improve- transportation safety project (including the Strike all after the enacting clause and in- ments on a high risk rural road (as defined in issuance or denial of a permit or license) is sert the following: section 148(a) of title 23, United States Code). required, not later than 45 days after the SECTION 1. EXPEDITED EXPORTATION OF CER- (T) Geometric improvements to a road for Secretary has made all decisions of the lead TAIN SPECIES. the purposes of safety improvement. agency under the National Environmental (a) IN GENERAL.—Not later than 180 days (U) A road safety audit. Policy Act of 1969 (42 U.S.C. 4321 et seq.) with after the date of enactment of this Act, the (V) Roadway safety infrastructure im- respect to the project, the head of the Fed- Director of the United States Fish and Wild- provements consistent with the rec- eral agency responsible for the decision life Service (referred to in this section as the ommendations included in the publication of shall— ‘‘Director’’) shall issue a proposed rule to the Federal Highway Administration enti- (A) make the applicable decision; or amend section 14.92 of title 50, Code of Fed- tled ‘‘Handbook for Designing Roadways for (B) provide the Indian tribe a schedule for eral Regulations, to establish expedited pro- the Aging Population’’ (FHWA–SA–14–015), making the decision. cedures relating to the export permission re- dated June 2014 (or a revised or updated pub- (4) EXTENSIONS.—The Secretary or the head quirements of section 9(d)(1) of the Endan- lication). gered Species Act of 1973 (16 U.S.C. 1538(d)(1)) (W) Truck parking facilities eligible for of an applicable Federal agency may extend the period under paragraph (2) or (3), as ap- for fish or wildlife described in subsection funding under section 1401 of MAP–21 (23 (c). U.S.C. 137 note; Public Law 112–141). plicable, by an additional 30 days by providing the Indian tribe notice of the exten- (b) EXEMPTIONS.— (X) Systemic safety improvements. (1) IN GENERAL.—As part of the rulemaking (Y) Installation of vehicle-to-infrastruc- sion, including a statement of the need for the extension. under subsection (a), subject to paragraph ture communication equipment. (2), the Director may provide an exemption (Z) Pedestrian hybrid beacons. (5) NOTIFICATION AND EXPLANATION.—In any case in which a required action is not com- from the requirement to procure— (AA) Roadway improvements that provide (A) permission under section 9(d)(1) of the separation between pedestrians and motor pleted by the deadline under paragraph (2), (3), or (4), as applicable, the Secretary or the Endangered Species Act of 1973 (16 U.S.C. vehicles, including medians and pedestrian 1538(d)(1)); or crossing islands. head of a Federal agency, as applicable, shall— (B) an export license under subpart I of (BB) A physical infrastructure safety part 14 of title 50, Code of Federal Regula- project not described in subparagraphs (A) (A) notify the Committee on Indian Affairs of the Senate and the Committee on Natural tions. through (AA). (2) LIMITATIONS.—The Director shall not (b) NEW CATEGORICAL EXCLUSIONS.— Resources of the House of Representatives of the failure to comply with the deadline; and provide an exemption under paragraph (1)— (1) REVIEW OF EXISTING CATEGORICAL EXCLU- (A) unless the Director determines that the SIONS.—The Secretary shall review the cat- (B) provide to the Committees described in subparagraph (A) a detailed explanation of exemption will not have a significant nega- egorical exclusions under section 771.117 of tive impact on the conservation of the spe- title 23, Code of Federal Regulations (or suc- the reasons for the failure to comply with the deadline. cies that is the subject of the exemption; or cessor regulations), to determine which, if (B) to an entity that has been convicted of any, are applicable for use by the Secretary SEC. 4. PROGRAMMATIC AGREEMENTS FOR CAT- a violation of a Federal law relating to the EGORICAL EXCLUSIONS. in review of projects eligible for assistance importation, transportation, or exportation (a) IN GENERAL.—The Secretary shall enter under section 202 of title 23, United States of wildlife during a period of not less than 5 into programmatic agreements with Indian Code. years ending on the date on which the entity tribes that establish efficient administrative (2) REVIEW OF TRIBAL TRANSPORTATION applies for exemption under paragraph (1). procedures for carrying out environmental SAFETY PROJECTS.—The Secretary shall iden- (c) COVERED FISH OR WILDLIFE.—The fish or tify tribal transportation safety projects reviews for projects eligible for assistance wildlife described in this subsection are the that meet the requirements for categorical under section 202 of title 23, United States species commonly known as sea urchins and exclusions under sections 1507.3 and 1508.4 of Code. sea cucumbers (including any product of a title 40, Code of Federal Regulations. (b) INCLUSIONS.—A programmatic agree- sea urchin or sea cucumber) that— (3) PROPOSAL.—The Secretary shall issue a ment under subsection (a)— (1) do not require a permit under part 16, proposed rule, in accordance with sections (1) may include an agreement that allows 17, or 23 of title 50, Code of Federal Regula- 1507.3 and 1508.4 of title 40, Code of Federal an Indian tribe to determine, on behalf of the tions; and Regulations, to propose any categorical ex- Secretary, whether a project is categorically (2) are exported for purposes of human or clusions identified under paragraphs (1) and excluded from the preparation of an environ- animal consumption. (2). mental assessment or environmental impact (4) DEADLINE.—Not later than 180 days statement under the National Environ- SA 5186. Mr. PORTMAN (for Mr. after the date of enactment of this Act, and mental Policy Act of 1969 (42 U.S.C. 4321 et GARDNER (for himself and Mr. PETERS)) after considering any comments on the pro- seq.); and proposed an amendment to the bill S. posed rule issued under paragraph (3), the (2) shall— Secretary shall promulgate a final rule for (A) require that the Indian tribe maintain 3084, to invest in innovation through the categorical exclusions, in accordance adequate capacity in terms of personnel and research and development, and to im- with sections 1507.3 and 1508.4 of title 40, other resources to carry out applicable agen- prove the competitiveness of the Code of Federal Regulations. cy responsibilities pursuant to section 1507.2 United States; as follows:

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00149 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.142 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7080 CONGRESSIONAL RECORD — SENATE December 9, 2016 Strike all after the enacting clause and in- Sec. 402. Crowdsourcing and citizen science. specific criteria as appropriate, as the basis sert the following: Sec. 403. NIST director functions update. for evaluating grant proposals in the merit SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 404. NIST Visiting Committee on Ad- review process. (a) SHORT TITLE.—This Act may be cited as vanced Technology update. (c) UPDATES.—If after the date of enact- the ‘‘American Innovation and Competitive- TITLE V—MANUFACTURING ment of this Act a change is made to the ness Act’’. merit-review process, the Director shall sub- Sec. 501. Hollings manufacturing extension mit a report to the appropriate committees (b) TABLE OF CONTENTS.—The table of con- partnership improvements. tents of this Act is as follows: of Congress not later than 30 days after the TITLE VI—INNOVATION AND date of the change. Sec. 1. Short title; table of contents. TECHNOLOGY TRANSFER Sec. 2. Definitions. SEC. 102. TRANSPARENCY AND ACCOUNTABILITY. Sec. 601. Innovation corps. (a) FINDINGS.— TITLE I—MAXIMIZING BASIC RESEARCH Sec. 602. Translational research grants. (1) building the understanding of and con- Sec. 101. Reaffirmation of merit-based peer Sec. 603. Optics and photonics technology fidence in investments in basic research is review. innovations. essential to public support for sustained, pre- Sec. 102. Transparency and accountability. Sec. 604. United States chief technology offi- dictable Federal funding; Sec. 103. EPSCoR reaffirmation and update. cer. (2) the Foundation has improved trans- Sec. 104. Cybersecurity research. Sec. 605. National research council study on parency and accountability of the outcomes Sec. 105. Networking and Information Tech- technology for emergency noti- made through the merit review process, but nology Research and Develop- fications on campuses. additional transparency into individual ment Update. SEC. 2. DEFINITIONS. grants is valuable in communicating and as- Sec. 106. Physical sciences coordination. In this Act, unless expressly provided oth- suring the public value of federally funded Sec. 107. Laboratory program improve- erwise: research; and ments. (1) APPROPRIATE COMMITTEES OF CON- (3) the Foundation should commit to trans- Sec. 108. Standard Reference Data Act up- GRESS.—The term ‘‘appropriate committees parency and accountability and to clear, date. consistent public communication regarding Sec. 109. NSF mid-scale project investments. of Congress’’ means the Committee on Com- the national interest for each Foundation- Sec. 110. Oversight of NSF major multi-user merce, Science, and Transportation of the awarded grant and cooperative agreement. research facility projects. Senate and the Committee on Science, (b) GUIDANCE.— Sec. 111. Personnel oversight. Space, and Technology of the House of Rep- (1) IN GENERAL.—The Director of the Foun- Sec. 112. Management of the U.S. Antarctic resentatives. dation shall issue and periodically update, as Program. (2) FEDERAL SCIENCE AGENCY.—The term Sec. 113. NIST campus security. ‘‘Federal science agency’’ has the meaning appropriate, policy guidance for both Foun- Sec. 114. Coordination of sustainable chem- given the term in section 103 of the America dation staff and other Foundation merit re- istry research and development. COMPETES Reauthorization Act of 2010 (42 view process participants on the importance Sec. 115. Misrepresentation of research re- U.S.C. 6623). of transparency and accountability to the sults. (3) FOUNDATION.—The term ‘‘Foundation’’ outcomes made through the merit review Sec. 116. Research reproducibility and rep- means the National Science Foundation. process. lication. (4) INSTITUTION OF HIGHER EDUCATION.—The (2) REQUIREMENTS.—The guidance under Sec. 117. Brain Research through Advancing term ‘‘institution of higher education’’ has paragraph (1) shall require that each public Innovative Neurotechnologies the meaning given the term in section 101(a) notice of a Foundation-funded research Initiative. of the Higher Education Act of 1965 (20 U.S.C. project justify the expenditure of Federal TITLE II—ADMINISTRATIVE AND 1001(a)). funds by— REGULATORY BURDEN REDUCTION (5) NIST.—The term ‘‘NIST’’ means the (A) describing how the project— (i) reflects the statutory mission of the Sec. 201. Interagency working group on re- National Institute of Standards and Tech- nology. Foundation, as established in the National search regulation. Science Foundation Act of 1950 (42 U.S.C. Sec. 202. Scientific and technical collabora- (6) STEM.—The term ‘‘STEM’’ has the meaning given the term in section 2 of the 1861 et seq.); and tion. (ii) addresses the Foundation’s intellectual Sec. 203. NIST grants and cooperative agree- American COMPETES Reauthorization Act merit and broader impacts criteria; and ments update. of 2010 (42 U.S.C. 6621 note). (B) clearly identifying the research goals Sec. 204. Repeal of certain obsolete reports. (7) STEM EDUCATION.—The term ‘‘STEM Sec. 205. Repeal of certain provisions. education’’ has the meaning given the term of the project in a manner that can be easily Sec. 206. Grant subrecipient transparency in section 2 of the STEM Education Act of understood by both technical and non-tech- and oversight. 2015 (42 U.S.C. 6621 note). nical audiences. (c) BROADER IMPACTS REVIEW CRITERION Sec. 207. Micro-purchase threshold for pro- TITLE I—MAXIMIZING BASIC RESEARCH UPDATE.—Section 526(a) of the America curement solicitations by re- SEC. 101. REAFFIRMATION OF MERIT-BASED COMPETES Reauthorization Act of 2010 (42 search institutions. PEER REVIEW. U.S.C. 1862p-14(a)) is amended to read as fol- Sec. 208. Coordination of international (a) SENSE OF CONGRESS.—It is the sense of lows: science and technology partner- Congress that— ‘‘(a) GOALS.—The Foundation shall apply a ships. (1) sustained, predictable Federal funding broader impacts review criterion to identify TITLE III—SCIENCE, TECHNOLOGY, of basic research is essential to United and demonstrate project support of the fol- ENGINEERING, AND MATH EDUCATION States leadership in science and technology; lowing goals: Sec. 301. Robert Noyce Teacher Scholarship (2) the Foundation’s intellectual merit and ‘‘(1) Increasing the economic competitive- Program update. broader impacts criteria are appropriate for ness of the United States. Sec. 302. Space grants. evaluating grant proposals, as concluded by ‘‘(2) Advancing of the health and welfare of Sec. 303. STEM Education Advisory Panel. the 2011 National Science Board Task Force the American public. Sec. 304. Committee on STEM Education. on Merit Review; ‘‘(5) Developing an American STEM work- Sec. 305. Programs to expand STEM oppor- (3) evaluating proposals on the basis of the force that is globally competitive through tunities. Foundation’s intellectual merit and broader improved pre-kindergarten through grade 12 Sec. 306. NIST education and outreach. impacts criteria should be used to assure STEM education and teacher development, Sec. 307. Presidential awards for excellence that the Foundation’s activities are in the and improved undergraduate STEM edu- in STEM mentoring. national interest as these reviews can affirm cation and instruction. Sec. 308. Working group on inclusion in that— ‘‘(6) Improving public scientific literacy STEM fields. (A) the proposals funded by the Foundation and engagement with science and technology Sec. 309. Improving undergraduate STEM are of high quality and advance scientific in the United States. experiences. knowledge; and ‘‘(4) Enhancing partnerships between aca- Sec. 310. Computer science education re- (B) the Foundation’s grants address soci- demia and industry in the United States. search. etal needs through basic research findings or ‘‘(3) Supporting the national defense of the Sec. 311. Informal STEM education. through related activities; and United States. Sec. 312. Developing STEM apprenticeships. (4) as evidenced by the Foundation’s con- ‘‘(7) Expanding participation of women and Sec. 313. NSF report on broadening partici- tributions to scientific advancement, eco- individuals from underrepresented groups in pation. nomic growth, human health, and national STEM.’’. Sec. 314. NOAA science education programs. security, its peer review and merit review SEC. 103. EPSCOR REAFFIRMATION AND UPDATE. Sec. 315. Hispanic-serving institutions un- processes have identified and funded scientif- (a) FINDINGS.—Section 517(a) of the Amer- dergraduate program update. ically and societally relevant basic research ica COMPETES Reauthorization Act of 2010 TITLE IV—LEVERAGING THE PRIVATE and should be preserved. (42 U.S.C. 1862p–9(a)) is amended— SECTOR (b) MERIT REVIEW CRITERIA.—The Founda- (1) in paragraph (1)— Sec. 401. Prize competition authority up- tion shall maintain the intellectual merit (A) by striking ‘‘The National’’ and insert- date. and broader impacts criteria, among other ing ‘‘the National’’; and

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00150 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7081

(B) by striking ‘‘education,’’ and inserting ‘‘(D) to improve communication between (2) RESULTS OF AWARD STRUCTURE PLAN.— ‘‘education’’; State and Federal agency proposal reviewers; Not later than 1 year after the date of enact- (2) in paragraph (2), by striking ‘‘with 27 and ment of this Act, the EPSCoR Interagency States’’ and all that follows through the ‘‘(E) to continue to reduce administrative Coordinating Committee shall brief the ap- semicolon at the end and inserting ‘‘with 28 burdens associated with EPSCoR; propriate committees of Congress on the up- States and jurisdictions, taken together, re- ‘‘(2) consider modifications to EPSCoR dates made to the award structure under ceiving only about 12 percent of all National award structures— 517(f) of the America COMPETES Reauthor- Science Foundation research funding;’’; ‘‘(A) to emphasize long-term investments ization Act of 2010 (42 U.S.C. 1862p–9(f)), as (3) by striking paragraph (3) and inserting in building research capacity, potentially amended by this subsection. the following: through the use of larger, renewable funding (e) DEFINITION OF EPSCOR.— ‘‘(3) each of the States described in para- opportunities; and (1) IN GENERAL.—Section 502 of the America graph (2) receives only a fraction of 1 percent ‘‘(B) to allow the agency, States, and juris- COMPETES Reauthorization Act of 2010 (42 of the Foundation’s research dollars each dictions to experiment with new research U.S.C. 1862p note) is amended by amending year;’’; and and development funding models; and paragraph (2) to read as follows: (4) by adding at the end the following: ‘‘(3) consider modifications to the mecha- ‘‘(2) EPSCOR.—The term ‘EPSCoR’ ‘‘(4) first established at the National nisms used to monitor and evaluate EPSCoR means— Science Foundation in 1979, the Experi- awards— ‘‘(A) the Established Program to Stimulate mental Program to Stimulate Competitive ‘‘(A) to increase collaboration between Competitive Research established by the Research (referred to in this section as EPSCoR-funded researchers and agency Foundation; or ‘EPSCoR’) assists States and jurisdictions staff, including by providing opportunities ‘‘(B) a program similar to the Established historically underserved by Federal research for mentoring young researchers and for the Program to Stimulate Competitive Research and development funding in strengthening use of Federal facilities; at another Federal agency.’’. their research and innovation capabilities; ‘‘(B) to identify and disseminate best prac- (2) TECHNICAL AND CONFORMING AMEND- ‘‘(5) the EPSCoR structure requires each tices; and MENTS.—Section 113 of the National Science participating State to develop a science and ‘‘(C) to harmonize metrics across partici- Foundation Authorization Act of 1988 (42 technology plan suited to State and local re- pating Federal agencies, as appropriate.’’. U.S.C. 1862g) is amended— search, education, and economic interests (d) REPORTS.— (A) in the heading, by striking ‘‘EXPERI- and objectives; (1) CONGRESSIONAL REPORTS.—Section 517 of MENTAL’’ and inserting ‘‘ESTABLISHED’’; ‘‘(6) EPSCoR has been credited with ad- the America COMPETES Reauthorization (B) in subsection (a), by striking ‘‘an Ex- vancing the research competitiveness of par- Act of 2010 (42 U.S.C. 1862p–9), as amended, is perimental Program to Stimulate Competi- ticipating States, improving awareness of further amended— tive Research’’ and inserting ‘‘a program to science, promoting policies that link sci- (A) by striking subsection (c); stimulate competitive research (known as entific investment and economic growth, and (B) by redesignating subsections (d) the ‘Established Program to Stimulate Com- encouraging partnerships between govern- through (g) as subsections (c) through (f), re- petitive Research’)’’; and ment, industry, and academia; spectively; (C) in subsection (b), by striking ‘‘the pro- ‘‘(7) EPSCoR proposals are evaluated (C) in subsection (c), as redesignated— gram’’ and inserting ‘‘the Program’’. through a rigorous and competitive merit-re- (i) in paragraph (1), by striking ‘‘Experi- SEC. 104. CYBERSECURITY RESEARCH. view process to ensure that awarded research mental Programs to Stimulate Competitive (a) FOUNDATION CYBERSECURITY RE- and development efforts meet high scientific Research’’ and inserting ‘‘EPSCoR’’; and SEARCH.—Section 4(a)(1) of the Cyber Secu- standards; and (ii) in paragraph (2)— rity Research and Development Act, as ‘‘(8) according to the National Academy of (I) in subparagraphs (A) and (E), by strik- amended (15 U.S.C. 7403(a)(1)) is amended— Sciences, EPSCoR has strengthened the na- ing ‘‘EPSCoR and Federal EPSCoR-like pro- (1) in subparagraph (O), by striking ‘‘and’’ tional research infrastructure and enhanced grams’’ and inserting ‘‘each EPSCoR’’; at the end; the educational opportunities needed to de- (II) in subparagraph (D), by striking (2) in subparagraph (P), by striking the pe- velop the science and engineering work- ‘‘EPSCoR and other Federal EPSCoR-like riod at the end and inserting a semicolon; force.’’. programs’’ and inserting ‘‘each EPSCoR’’; and (b) SENSE OF CONGRESS.— (III) in subparagraph (E), by striking (3) by adding at the end the following: (1) IN GENERAL.—It is the sense of Congress ‘‘EPSCoR or Federal EPSCoR-like pro- ‘‘(Q) security of election-dedicated voting that— grams’’ and inserting ‘‘each EPSCoR’’; and system software and hardware; and (A) since maintaining the Nation’s sci- (IV) in subparagraph (G), by striking ‘‘(R) role of the human factor in cybersecu- entific and economic leadership requires the ‘‘EPSCoR programs’’ and inserting ‘‘each rity and the interplay of computers and hu- participation of talented individuals nation- EPSCoR’’; and mans and the physical world.’’. wide, EPSCoR investments into State re- (D) by amending subsection (d), as redesig- (b) NIST CYBERSECURITY PRIORITIES.— search and education capacities are in the nated, to read as follows: (1) CRITICAL INFRASTRUCTURE AWARENESS.— Federal interest and should be sustained; and ‘‘(d) FEDERAL AGENCY REPORTS.—Each Fed- The Director of NIST shall continue to raise (B) EPSCoR should maintain its experi- eral agency that administers an EPSCoR public awareness of the voluntary, industry- mental component by supporting innovative shall submit to Congress, as part of its Fed- led cybersecurity standards and best prac- methods for improving research capacity and eral budget submission— tices for critical infrastructure developed competitiveness. ‘‘(1) a description of the program strategy under section 2(c)(15) of the National Insti- (2) DEFINITION OF EPSCOR.—In this sub- and objectives; tute of Standards and Technology Act (15 section, the term ‘‘EPSCoR’’ has the mean- ‘‘(2) a description of the awards made in U.S.C. 272(c)(15)). ing given the term in section 502 of the the previous fiscal year, including— (2) QUANTUM COMPUTING.—Under section America COMPETES Reauthorization Act of ‘‘(A) the total amount made available, by 2(b) of the National Institute of Standards 2010 (42 U.S.C. 1862p note). (c) AWARD STRUCTURE UPDATES.—Section State, under EPSCoR; and Technology Act (15 U.S.C. 272(b)) and 517 of the America COMPETES Reauthoriza- ‘‘(B) the total amount of agency funding section 20 of that Act (15 U.S.C. 278g-3), the tion Act of 2010 (42 U.S.C. 1862p–9) is amended made available to all institutions and enti- Director of NIST shall— by adding at the end the following: ties within each EPSCoR State; (A) research information systems for fu- ‘‘(g) AWARD STRUCTURE UPDATES.—In im- ‘‘(C) the efforts and accomplishments to ture cybersecurity needs; and plementing the mandate to maximize the more fully integrate the EPSCoR States in (B) coordinate with relevant stakeholders impact of Federal EPSCoR support on build- major agency activities and initiatives; to develop a process— ing competitive research infrastructure, and ‘‘(D) the percentage of EPSCoR reviewers (i) to research and identify or, if necessary, based on the inputs and recommendations of from EPSCoR States; and develop cryptography standards and guide- previous EPSCoR reviews, the head of each ‘‘(E) the number of programs or large col- lines for future cybersecurity needs, includ- Federal agency administering an EPSCoR laborator awards involving a partnership of ing quantum-resistant cryptography stand- program shall— organizations and institutions from EPSCoR ards; and ‘‘(1) consider modifications to EPSCoR and non-EPSCoR States; and (ii) to provide recommendations to Con- proposal solicitation, award type, and ‘‘(3) an analysis of the gains in academic gress, Federal agencies, and industry con- project evaluation— research quality and competitiveness, and in sistent with the National Technology Trans- ‘‘(A) to more closely align with current science and technology human resource defer and Advancement Act of 1995 (Public Law agency priorities and initiatives; velopment, achieved by the program over the 104–113; 110 Stat. 775), for a secure and ‘‘(B) to focus EPSCoR funding on achieving last 5 fiscal years.’’; and smooth transition to the standards under critical scientific, infrastructure, and edu- (E) in subsection (e)(1), as redesignated, by clause (i). cational needs of that agency; striking ‘‘Experimental Program to Stimu- (3) FEDERAL INFORMATION SYSTEMS RE- ‘‘(C) to encourage collaboration between late Competitive Research or a program SEARCH AND DEVELOPMENT.—Section 20(d)(3) EPSCoR-eligible institutions and research- similar to the Experimental Program to of the National Institute of Standards and ers, including with institutions and research- Stimulate Competitive Research’’ and in- Technology Act (15 U.S.C. 278g–3(d)(3)) is ers in other States and jurisdictions; serting ‘‘EPSCoR’’. amended to read as follows:

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00151 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7082 CONGRESSIONAL RECORD — SENATE December 9, 2016 ‘‘(3) conduct research and analysis— (G) in subparagraphs (E) and (F), as redes- (B) in paragraph (1)— ‘‘(A) to determine the nature and extent of ignated, by striking ‘‘high-performance com- (i) in the matter preceding subparagraph information security vulnerabilities and puting’’ each place it appears and inserting (A), by striking ‘‘National High-Performance techniques for providing cost-effective infor- ‘‘networking and information technology’’; Computing Program’’ and inserting ‘‘Net- mation security; and working and Information Technology Re- ‘‘(B) to review and determine prevalent in- (H) in subparagraph (G), as redesignated, search and Development Program’’; formation security challenges and defi- by striking ‘‘high-performance’’ and insert- (ii) in subparagraph (A), by striking ‘‘high- ciencies identified by agencies or the Insti- ing ‘‘high-end’’; and performance computing, including net- tute, including any challenges or deficiencies (3) in paragraph (2)— working’’ and inserting ‘‘networking and in- described in any of the annual reports under (A) by striking ‘‘high-performance com- formation technology’’; section 3553 or 3554 of title 44, United States puting and’’ and inserting ‘‘networking and (iii) in subparagraphs (B) and (G), by strik- Code, and in any of the reports and the inde- information technology and’’; and ing ‘‘high-performance’’ each place it ap- pendent evaluations under section 3555 of (B) by striking ‘‘high-performance com- pears and inserting ‘‘high-end’’; that title, that may undermine the effective- puting network’’ and inserting ‘‘networking (iv) in subparagraph (C), by striking ‘‘high- ness of agency information security pro- and information technology’’. performance computing and networking’’ grams and practices; and (d) DEFINITIONS.—Section 4 of the High- and inserting ‘‘high-end computing, distrib- ‘‘(C) to evaluate the effectiveness and suffi- Performance Computing Act of 1991 (15 uted, and networking’’; ciency of, and challenges to, Federal agen- U.S.C. 5503) is amended— (v) by amending subparagraph (D) to read cies’ implementation of standards and guide- (1) by striking paragraphs (3) and (5); as follows: lines developed under this section and poli- (2) by redesignating paragraphs (1), (2), (4), ‘‘(D) provide for efforts to increase soft- cies and standards promulgated under sec- (6), and (7) as paragraphs (2), (3), (5), (8), and ware security and reliability;’’; tion 11331 of title 40, United States Code;’’. (9), respectively; (vi) in subparagraph (H)— (4) VOTING.—Section 2(c) of the National (3) by inserting before paragraph (2), as re- (I) by inserting ‘‘support and guidance’’ Institute of Standards and Technology Act designated, the following: after ‘‘provide’’; and (15 U.S.C. 272(c)) is amended— ‘‘(1) ‘cyber-physical systems’ means phys- (II) by striking ‘‘and’’ after the semicolon; (A) by redesignating paragraphs (16) ical or engineered systems whose networking (vii) in subparagraph (I)— through (23) as paragraphs (17) through (24), and information technology functions and (I) by striking ‘‘improving the security’’ respectively; and physical elements are deeply integrated and and inserting ‘‘improving the security, reli- (B) by inserting after paragraph (15) the are actively connected to the physical world ability, and resilience’’; and following: through sensors, actuators, or other means (II) by striking the period at the end and ‘‘(16) perform research to support the de- to enable safe and effective, real-time per- inserting a semicolon; and velopment of voluntary, consensus-based, in- formance in safety-critical and other appli- (viii) by adding at the end the following: dustry-led standards and recommendations cations;’’; ‘‘(J) provide for increased understanding of on the security of computers, computer net- (4) in paragraph (3), as redesignated, by the scientific principles of cyber-physical works, and computer data storage used in striking ‘‘high-performance computing’’ and systems and improve the methods available election systems to ensure voters can vote inserting ‘‘networking and information tech- for the design, development, and operation of securely and privately.’’. nology’’; cyber-physical systems that are character- SEC. 105. NETWORKING AND INFORMATION (5) by inserting after paragraph (3), as re- ized by high reliability, safety, and security; TECHNOLOGY RESEARCH AND DE- designated, the following: ‘‘(K) provide for research and development VELOPMENT UPDATE. ‘‘(4) ‘high-end computing’ means the most on human-computer interactions, visualiza- (a) SHORT TITLE.—This section may be advanced and capable computing systems, tion, and big data; cited as the ‘‘Networking and Information including their hardware, storage, net- ‘‘(L) provide for research and development Technology Research and Development Mod- working and software, encompassing both on the enhancement of cybersecurity, includ- ernization Act of 2016’’. massive computational capability and large- ing the human facets of cyber threats and se- (b) FINDINGS.—Section 2 of the High-Per- scale data analytics to solve computational cure cyber systems; formance Computing Act of 1991 (15 U.S.C. problems of national importance that are be- ‘‘(M) provide for the understanding of the 5501) is amended— yond the capability of small- to medium- science, engineering, policy, and privacy pro- (1) in paragraphs (2) and (5), by striking scale systems, including computing formerly tection related to networking and informa- ‘‘high-performance computing’’ and insert- known as high-performance computing;’’; tion technology; ing ‘‘networking and information tech- (6) by inserting after paragraph (5), as re- ‘‘(N) provide for the transition of high-end nology, including high-performance com- designated, the following: computing hardware, system software, devel- puting,’’; and ‘‘(6) ‘networking and information tech- opment tools, and applications into develop- (2) in paragraph (3), by striking ‘‘high-per- nology’ means high-end computing, commu- ment and operations; and formance computing’’ and inserting ‘‘net- nications, and information technologies, ‘‘(O) foster public-private collaboration working and information technology, includ- high-capacity and high-speed networks, spe- among government, industry research lab- ing high-performance computing’’; cial purpose and experimental systems, high- oratories, academia, and nonprofit organiza- (c) PURPOSES.—Section 3 of the High-Per- end computing systems software and applications to maximize research and development formance Computing Act of 1991 (15 U.S.C. tions software, and the management of large efforts and the benefits of networking and 5502) is amended— data sets; information technology, including high-end (1) in the matter preceding paragraph (1), ‘‘(7) ‘participating agency’ means an agen- computing.’’; by striking ‘‘high-performance computing’’ cy described in section 101(a)(3)(C);’’; and (C) in paragraph (2)— and inserting ‘‘networking and information (7) in paragraph (8), as redesignated, by (i) by amending subparagraph (A) to read technology’’; striking ‘‘National High-Performance Com- as follows: (2) in paragraph (1)— puting Program’’ and inserting ‘‘Networking ‘‘(A) establish the goals and priorities for (A) in the matter preceding subparagraph and Information Technology Research and Federal networking and information tech- (A), by striking ‘‘expanding Federal support Development Program’’. nology research, development, education, for research, development, and application of (e) TITLE I HEADING.—The heading of title and other activities;’’; high-performance computing’’ and inserting I of the High-Performance Computing Act of (ii) by amending subparagraph (C) to read ‘‘supporting Federal research, development, 1991 (15 U.S.C. 5511 et seq.) is amended by as follows: and application of networking and informa- striking ‘‘HIGH-PERFORMANCE COM- ‘‘(C) provide for interagency coordination tion technology’’; PUTING’’ and inserting ‘‘NETWORKING of Federal networking and information tech- (B) in subparagraph (A), by striking ‘‘high- AND INFORMATION TECHNOLOGY’’. nology research, development, education, performance computing’’ both places it ap- (f) NETWORKING AND INFORMATION TECH- and other activities undertaken pursuant to pears and inserting ‘‘networking and infor- NOLOGY RESEARCH AND DEVELOPMENT PRO- the Program— mation technology’’; GRAM.—Section 101 of the High-Performance ‘‘(i) among the participating agencies; and (C) by striking subparagraphs (C) and (D); Computing Act of 1991 (15 U.S.C. 5511) is ‘‘(ii) to the extent practicable, with other (D) by inserting after subparagraph (B) the amended— Federal agencies not described in paragraph following: (1) in the section heading, by striking ‘‘NA- (3)(C), other Federal and private research ‘‘(C) stimulate research on and promote TIONAL HIGH-PERFORMANCE COMPUTING PRO- laboratories, industry, research entities, in- more rapid development of high-end com- GRAM’’ and inserting ‘‘NETWORKING AND INFOR- stitutions of higher education, relevant non- puting systems software and applications MATION TECHNOLOGY RESEARCH AND DEVELOP- profit organizations, and international part- software;’’; MENT PROGRAM’’; ners of the United States;’’; (E) by redesignating subparagraphs (E) (2) in subsection (a)— (iii) by amending subparagraph (E) to read through (H) as subparagraphs (D) through (A) in the subsection heading, by striking as follows: (G), respectively; ‘‘NATIONAL HIGH-PERFORMANCE COMPUTING ‘‘(E) encourage and monitor the efforts of (F) in subparagraph (D), as redesignated, PROGRAM’’ and inserting ‘‘NETWORKING AND the agencies participating in the Program to by inserting ‘‘high-end’’ after ‘‘the develop- INFORMATION TECHNOLOGY RESEARCH AND DE- allocate the level of resources and management of’’; VELOPMENT’’; ment attention necessary to ensure that the

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00152 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7083 strategic plans under subsection (e) are de- (5) by adding at the end the following: participating agencies shall solicit rec- veloped and executed effectively and that ‘‘(d) PERIODIC REVIEWS.—The heads of the ommendations and advice from— the objectives of the Program are met; and’’; participating agencies, working through the ‘‘(A) the advisory committee under sub- and National Science and Technology Council section (b); (iv) in subparagraph (F), by striking ‘‘high- and the Program, shall— ‘‘(B) the Committee on Science and rel- performance’’ and inserting ‘‘high-end’’; and ‘‘(1) periodically assess and update, as ap- evant subcommittees of the National (D) in paragraph (3)— propriate, the structure of the Program, in- Science and Technology Council; and (i) by redesignating subparagraphs (B), (C), cluding the Program Component Areas and ‘‘(C) a wide range of stakeholders, includ- (D), and (E) as subparagraphs (C), (D), (E), associated contents, scope, and funding lev- ing industry, academia, National Labora- and (G), respectively; els, taking into consideration any relevant tories, and other relevant organizations and (ii) by inserting after subparagraph (A) the recommendations of the advisory committee institutions. following: established under subsection (b); and ‘‘(f) REPORTS.—The heads of the partici- ‘‘(B) provide a detailed description of the ‘‘(2) ensure that such agency’s implementa- pating agencies, working through the Na- nature and scope of research infrastructure tion of the Program includes foundational, tional Science and Technology Council and designated as such under the Program;’’; large-scale, long-term, and interdisciplinary the Program, shall submit to the advisory (iii) in subparagraph (C), as redesignated— information technology research and devel- committee, the Committee on Commerce, (I) by amending clause (i) to read as fol- opment activities, including activities de- Science, and Transportation of the Senate, lows: scribed in section 102. and the Committee on Science, Space, and ‘‘(i) the Department of Justice;’’; Technology of the House of Representa- ‘‘(e) STRATEGIC PLANS.— (II) by redesignating clauses (vii) through tives— ‘‘(1) IN GENERAL.—The heads of the partici- (xi) as clauses (viii) through (xii), respec- pating agencies, working through the Na- ‘‘(1) the strategic plans developed under tively; tional Science and Technology Council and subsection (e)(1); and (III) by inserting after clause (vi) the fol- the Program, shall develop and implement ‘‘(2) each update under subsection (e)(2).’’. lowing: (g) NATIONAL RESEARCH AND EDUCATION strategic plans to guide— ‘‘(vii) the Department of Homeland Secu- NETWORK.—Section 102 of the High-Perform- ‘‘(A) emerging activities of Federal net- rity;’’; and ance Computing Act of 1991 (15 U.S.C. 5512) is working and information technology re- (IV) by amending clause (viii), as redesig- repealed. search and development; and nated, to read as follows: (h) NEXT GENERATION INTERNET.—Section ‘‘(viii) the National Archives and Records ‘‘(B) the activities described in subsection 103 of the High-Performance Computing Act Administration;’’; (a)(1). of 1991 (15 U.S.C. 5513) is repealed. (iv) in subparagraph (D), as redesignated— ‘‘(2) UPDATES.—The heads of the partici- (i) GRAND CHALLENGES IN AREAS OF NA- (I) by striking ‘‘is submitted,’’ and insert- pating agencies shall update the strategic TIONAL IMPORTANCE.—Title I of the High-Per- ing ‘‘is submitted, the levels for the previous plans as appropriate. formance Computing Act of 1991 (15 U.S.C. fiscal year,’’; and ‘‘(3) CONTENTS.—Each strategic plan shall— 5511 et seq.) is amended by adding at the end (II) by striking ‘‘each Program Component ‘‘(A) specify near-term and long-term ob- the following: Area;’’ and inserting ‘‘each Program Compo- jectives for the portions of the Program rel- ‘‘SEC. 102. GRAND CHALLENGES IN AREAS OF NA- nent Area and research area supported in ac- evant to the strategic plan, the anticipated TIONAL IMPORTANCE. cordance with section 102;’’; schedule for achieving the near-term and ‘‘(a) IN GENERAL.—The Program shall en- (v) by amending subparagraph (E), as re- long-term objectives, and the metrics to be courage the participating agencies to sup- designated, to read as follows: used for assessing progress toward the near- port foundational, large-scale, long-term, ‘‘(E) describe the levels of Federal funding term and long-term objectives; interdisciplinary, and interagency informa- for each participating agency, and for each ‘‘(B) specify how the near-term and long- tion technology research and development Program Component Area, for the fiscal year term objectives complement research and de- activities in networking and information during which such report is submitted, the velopment areas in which academia and the technology directed toward agency mission levels for the previous fiscal year, and the private sector are actively engaged; areas that have the potential for significant levels proposed for the fiscal year with re- ‘‘(C) describe how the heads of the partici- contributions to national economic competi- spect to which the budget submission ap- pating agencies will support mechanisms for tiveness and for other significant societal plies;’’; and foundational, large-scale, long-term, and benefits. Such activities, ranging from basic (vi) by inserting after subparagraph (E), as interdisciplinary information technology re- research to the demonstration of technical redesignated, the following: search and development and for Grand Chal- solutions, shall be designed to advance the ‘‘(F) include a description of how the objec- lenges, including through collaborations— development of fundamental discoveries. The tives for each Program Component Area, and ‘‘(i) across Federal agencies; advisory committee established under sec- the objectives for activities that involve ‘‘(ii) across Program Component Areas; tion 101(b) shall make recommendations to multiple Program Component Areas, relate and the Program for candidate research and de- to the objectives of the Program identified ‘‘(iii) with industry, Federal and private velopment areas for support under this sec- in the strategic plans required under sub- research laboratories, research entities, in- tion. section (e); and’’; stitutions of higher education, relevant non- ‘‘(b) CHARACTERISTICS.— (3) in subsection (b)— profit organizations, and international part- ‘‘(1) IN GENERAL.—Research and develop- (A) in paragraph (1), in the matter pre- ners of the United States; ment activities under this section shall— ceding subparagraph (A)— ‘‘(D) describe how the heads of the partici- ‘‘(A) include projects selected on the basis (i) by striking ‘‘high-performance com- pating agencies will foster the rapid transfer of applications for support through a computing’’ both places it appears and inserting of research and development results into new petitive, merit-based process; ‘‘networking and information technology’’; technologies and applications in the national ‘‘(B) to the extent practicable, involve col- and interest, including through cooperation and laborations among researchers in institu- (ii) after the first sentence, by inserting collaborations with networking and informa- tions of higher education and industry, and the following: ‘‘Each chair of the advisory tion technology research, development, and may involve nonprofit research institutions committee shall meet the qualifications of technology transition initiatives supported and Federal laboratories, as appropriate; committee membership and may be a mem- by the States; and ‘‘(C) to the extent practicable, leverage ber of the President’s Council of Advisors on ‘‘(E) describe how the portions of the Pro- Federal investments through collaboration Science and Technology.’’; gram relevant to the strategic plan will ad- with related State and private sector initia- (B) in paragraph (1)(D), by striking ‘‘high- dress long-term challenges for which solu- tives; and performance computing, networking tech- tions require foundational, large-scale, long- ‘‘(D) include a plan for fostering the trans- nology, and related software’’ and inserting term, and interdisciplinary information fer of research discoveries and the results of ‘‘networking and information technology’’; technology research and development. technology demonstration activities, includ- and ‘‘(4) PRIVATE SECTOR EFFORTS.—In devel- ing from institutions of higher education and (C) in paragraph (2)— oping, implementing, and updating strategic Federal laboratories, to industry for com- (i) in the second sentence, by striking ‘‘2’’ plans, the heads of the participating agen- mercial development. and inserting ‘‘3’’; cies, working through the National Science ‘‘(2) COST-SHARING.—In selecting applica- (ii) by striking ‘‘Committee on Science and and Technology Council and the Program, tions for support, the agencies may give spe- Technology’’ and inserting ‘‘Committee on shall coordinate with industry, academia, cial consideration to projects that include Science, Space, and Technology’’; and and other interested stakeholders to ensure, cost sharing from non-Federal sources.’’. (iii) by striking ‘‘The first report shall be to the extent practicable, that the Federal (j) NATIONAL SCIENCE FOUNDATION ACTIVI- due within 1 year after the date of enact- networking and information technology re- TIES.—Section 201 of the High-Performance ment of the America COMPETES Act.’’; search and development activities carried Computing Act of 1991 (15 U.S.C. 5521) is (4) in subsection (c)(1)(A), by striking out under this section do not duplicate the amended— ‘‘high-performance computing’’ and insert- efforts of the private sector. (1) in subsection (a)— ing ‘‘networking and information tech- ‘‘(5) RECOMMENDATIONS.—In developing and (A) by striking ‘‘(a) GENERAL RESPONSIBIL- nology’’; and updating strategic plans, the heads of the ITIES.—’’;

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00153 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7084 CONGRESSIONAL RECORD — SENATE December 9, 2016 (B) in paragraph (1)— (1) in subsection (a)(2), by striking ‘‘para- and Federal laboratories not represented on (i) by inserting ‘‘high-end’’ after ‘‘National graphs (1) through (5) of section 2315(a) of the National Science and Technology Coun- Science Foundation shall provide’’; and title 10’’ and inserting ‘‘section cil to identify and reduce regulatory, (ii) by striking ‘‘high-performance com- 3552(b)(6)(A)(i) of title 44’’; and logistical, and fiscal barriers that inhibit puting’’ and all that follows through ‘‘net- (2) in subsection (b), by striking ‘‘high-per- United States leadership in high-energy working;’’ and inserting ‘‘networking and in- formance computing’’ and inserting ‘‘net- physics and related underground science; and formation technology; and’’; working and information technology’’. (E) develop, and update as necessary, a (C) by striking paragraphs (2) through (4); (q) REPEAL.—Section 208 of the High-Per- strategic plan to guide Federal programs and and formance Computing Act of 1991 (15 U.S.C. activities in support of high-energy physics (D) by inserting after paragraph (1) the fol- 5528) is repealed. research, including— (r) NATIONAL SCIENCE FOUNDATION RE- lowing: (i) the efforts taken in support of para- SEARCH.—Section 4(b)(5)(K) of the Cyber Se- ‘‘(2) the National Science Foundation shall graph (2) since the last strategic plan; use its existing programs, in collaboration curity Research and Development Act (15 (ii) an evaluation of the current research with other agencies, as appropriate, to im- U.S.C. 7403(b)(5)(K)) is amended by striking needs for maintaining United States leader- prove the teaching and learning of net- ‘‘high-performance computing’’ and insert- ship in high-energy physics; and working and information technology at all ing ‘‘networking and information tech- levels of education and to increase participa- nology’’. (iii) an identification of future priorities in tion in networking and information tech- (s) NATIONAL INFORMATION TECHNOLOGY RE- the area of high-energy physics. nology fields, including by individuals iden- SEARCH AND DEVELOPMENT PROGRAM.—Sec- (b) RADIATION BIOLOGY.— tified in sections 33 and 34 of the Science and tion 13202(b) of the America Recovery and (1) IN GENERAL.—The Subcommittee shall Engineering Equal Opportunities Act (42 Reinvestment Act of 2009 (42 U.S.C. 17912(b)) continue to coordinate Federal efforts re- U.S.C. 1885a and 1885b).’’; and is amended by striking ‘‘National High-Per- lated to radiation biology research to maxi- (2) by striking subsection (b). formance Computing Program’’ and insert- mize the efficiency and effectiveness of (k) NATIONAL AERONAUTICS AND SPACE AD- ing ‘‘Networking and Information Tech- United States investment in radiation biol- nology Research and Development Pro- MINISTRATION ACTIVITIES.—Section 202 of the ogy. High-Performance Computing Act of 1991 (15 gram’’. (2) RESPONSIBILITIES FOR RADIATION BIOL- U.S.C. 5522) is amended— (t) FEDERAL CYBERSECURITY RESEARCH AND OGY.—In regard to coordinating Federal ef- (1) by striking ‘‘(a) GENERAL RESPONSIBIL- DEVELOPMENT.—Section 201(a)(4) of the Cy- forts related to radiation biology research, ITIES.—’’; bersecurity Enhancement Act of 2014 (15 the Subcommittee shall— (2) by striking ‘‘high-performance com- U.S.C. 7431(a)(4)) is amended— puting’’ and inserting ‘‘networking and in- (1) by striking ‘‘clauses (i) through (x)’’ (A) advise and assist the National Science formation technology’’; and and inserting ‘‘clauses (i) through (xi)’’; and and Technology Council on policies and ini- (3) by striking subsection (b). (2) by striking ‘‘under clause (xi)’’ and in- tiatives in radiation biology, including en- (l) DEPARTMENT OF ENERGY ACTIVITIES.— serting ‘‘under clause (xii)’’. hancing scientific knowledge of the effects of Section 203 of the High-Performance Com- (u) ADDITIONAL REPEAL.—Section 4 of the low dose radiation on biological systems to puting Act of 1991 (15 U.S.C. 5523) is amend- Department of Energy High-End Computing improve radiation risk management meth- ed— Revitalization Act of 2004 (15 U.S.C. 5543) is ods; (1) by striking ‘‘(a) GENERAL RESPONSIBIL- repealed. (B) identify opportunities to stimulate ITIES.—’’; SEC. 106. PHYSICAL SCIENCES COORDINATION. international cooperation and leverage re- (2) in paragraph (1), by striking ‘‘high-per- (a) HIGH-ENERGY PHYSICS.— search and knowledge from sources outside formance computing and networking’’ and (1) IN GENERAL.—The Physical Science Sub- of the United States; inserting ‘‘networking and information tech- committee of the National Science and Tech- (C) ensure coordination between the De- nology’’; nology Council (referred to in this section as partment of Energy Office of Science, Foun- (3) in paragraph (2)(A), by striking ‘‘high- ‘‘Subcommittee’’) shall continue to coordi- dation, National Aeronautics and Space Ad- performance’’ and inserting ‘‘high-end’’; and nate Federal efforts related to high-energy ministration, National Institutes of Health, (4) by striking subsection (b). physics research to maximize the efficiency Environmental Protection Agency, Depart- (m) DEPARTMENT OF COMMERCE ACTIVI- and effectiveness of United States investment of Defense, Nuclear Regulatory Com- TIES.—Section 204 of the High-Performance ment in high-energy physics. mission, and Department of Homeland Secu- Computing Act of 1991 (15 U.S.C. 5524) is (2) PURPOSES.—The purposes of the Sub- rity; amended— committee include— (D) identify ongoing scientific challenges (1) in subsection (a)(1)— (A) to advise and assist the Committee on for understanding the long-term effects of (A) in subparagraph (A), by striking ‘‘high- Science and the National Science and Tech- ionizing radiation on biological systems; and performance computing systems and net- nology Council on United States policies, (E) formulate overall scientific goals for works’’ and inserting ‘‘networking and infor- procedures, and plans in the physical the future of low-dose radiation research in mation technology systems and capabili- sciences, including high-energy physics; and the United States. ties’’; (B) to identify emerging opportunities, (B) in subparagraph (B), by striking ‘‘inter- stimulate international cooperation, and fos- (c) FUSION ENERGY SCIENCES.— operability of high-performance computing ter the development of the physical sciences (1) IN GENERAL.—The Subcommittee shall systems in networks and for common user in the United States, including— continue to coordinate Federal efforts re- interfaces to systems’’ and inserting ‘‘inter- (i) in high-energy physics research, includ- lated to fusion energy research to maximize operability and usability of networking and ing related underground science and engi- the efficiency and effectiveness of United information technology systems’’; and neering research; States investment in fusion energy sciences. (C) in subparagraph (C), by striking ‘‘high- (ii) in physical infrastructure and facili- (2) RESPONSIBILITIES FOR FUSION ENERGY performance computing’’ and inserting ‘‘net- ties; SCIENCES.—In regard to coordinating Federal working and information technology’’; (iii) in information and analysis; and efforts related to fusion energy sciences, the (2) in subsection (b)— (iv) in coordination activities. Subcommittee shall— (A) in the heading, by striking ‘‘HIGH-PER- (3) RESPONSIBILITIES.—In regard to coordi- (A) advise and assist the National Science FORMANCE COMPUTING AND NETWORK’’ and in- nating Federal efforts related to high-energy and Technology Council on policies and ini- serting ‘‘NETWORKING AND INFORMATION physics research, the Subcommittee shall, tiatives in fusion energy sciences, including TECHNOLOGY’’; taking into account the findings and rec- enhancing scientific knowledge of fusion en- (B) by striking ‘‘Pursuant to the Computer ommendations of relevant advisory commit- ergy science, plasma physics, and related Security Act of 1987 (Public Law 100–235; 101 tees— materials sciences; Stat. 1724), the’’ and inserting ‘‘The’’; and (A) provide recommendations on planning (B) identify opportunities to stimulate (C) by striking ‘‘sensitive information in for construction and stewardship of large fa- international cooperation and leverage re- Federal computer systems’’ and inserting cilities participating in high-energy physics; search and knowledge from sources outside ‘‘Federal agency information and informa- (B) provide recommendations on research of the United States, including the ITER tion systems’’; and coordination and collaboration among the project; (3) by striking subsections (c) and (d). programs and activities of Federal agencies (C) ensure coordination between the De- (n) ENVIRONMENTAL PROTECTION AGENCY related to underground science, neutrino re- partment of Energy Office of Science, Na- ACTIVITIES.—Section 205 of the High-Per- tional Nuclear Security Administration, Ad- formance Computing Act of 1991 (15 U.S.C. search, dark energy, and dark matter re- 5525) is repealed. search; vanced Research Projects Agency-Energy, (o) ROLE OF THE DEPARTMENT OF EDU- (C) establish goals and priorities for high- National Aeronautics and Space Administra- CATION.—Section 206 of the High-Perform- energy physics, related underground science, tion, Foundation, and Department of Defense ance Computing Act of 1991 (15 U.S.C. 5526) is and research and development that will regarding fusion energy sciences and plasma repealed. strengthen United States competitiveness in physics; and (p) MISCELLANEOUS PROVISIONS.—Section high-energy physics; (D) formulate overall scientific goals for 207 of the High-Performance Computing Act (D) propose methods for engagement with the future of fusion energy sciences and plas- of 1991 (15 U.S.C. 5527) is amended— international, Federal, and State agencies ma physics.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00154 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7085 SEC. 107. LABORATORY PROGRAM IMPROVE- across all disciplines supported by the Foun- technical aspects of project planning, budg- MENTS. dation, for mid-scale projects. eting, implementation, management, and (a) IN GENERAL.—The Director of NIST, (2) STRATEGY.—The Director of the Foun- oversight; acting through the Associate Director for dation shall develop a strategy to address (iii) coordinating and collaborating with Laboratory Programs, shall develop and im- the needs identified in paragraph (1). research directorates to share best manage- plement a comprehensive strategic plan for (3) BRIEFING.—Not later than 180 days after ment practices and lessons learned from laboratory programs that expands— the date of enactment of this Act, the Direc- prior major multi-user research facility (1) interactions with academia, inter- tor of the Foundation shall provide a brief- projects; and national researchers, and industry; and ing to the appropriate committees of Con- (iv) assessing each major multi-user re- (2) commercial and industrial applications. gress on the evaluation under paragraph (1) search facility project for cost and schedule (b) OPTIMIZING COMMERCIAL AND INDUS- and the strategy under paragraph (2). risk; and TRIAL APPLICATIONS.—In accordance with the (4) DEFINITION OF MID-SCALE PROJECTS.—In (H) appoint a senior agency official whose purpose under section 1(b)(3) of the National this subsection, the term ‘‘mid-scale responsibility is oversight of the develop- Institute of Standards and Technology Act projects’’ means research instrumentation, ment, construction, and operations of major (15 U.S.C. 271(b)(3)), the comprehensive stra- equipment, and upgrades to major research multi-user research facilities across the tegic plan shall— facilities or other research infrastructure in- Foundation. (1) include performance metrics for the dis- vestments that exceed the maximum award (b) FACILITIES FULL LIFE-CYCLE COSTS.— semination of fundamental research results, funded by the major research instrumenta- (1) IN GENERAL.—Subject to subsection measurements, and standards research re- tion program and are below the minimum (c)(1), the Director of the Foundation shall sults to industry, including manufacturing, award funded by the major research equip- require that any pre-award analysis of a and other interested parties; ment and facilities construction program as major multi-user research facility project in- (2) document any positive benefits of re- described in section 507 of the AMERICA cludes the development and consideration of search on the competitiveness of the inter- Competes Reauthorization Act of 2010 (Pub- the full life-cycle cost (as defined in section ested parties described in paragraph (1); lic Law 111–358; 124 Stat. 4008). 2 of the National Science Foundation Au- (3) clarify the current approach to the SEC. 110. OVERSIGHT OF NSF MAJOR MULTI- thorization Act of 1998 (42 U.S.C. 1862k note)) technology transfer activities of NIST; and USER RESEARCH FACILITY in accordance with section 14 of the National (4) consider recommendations from the Na- PROJECTS. Science Foundation Authorization Act of tional Academy of Sciences. (a) FACILITIES OVERSIGHT.— 2002 (42 U.S.C. 1862n-4). SEC. 108. STANDARD REFERENCE DATA ACT UP- (1) IN GENERAL.—The Director of the Foun- (2) IMPLEMENTATION.—Based on the pre- DATE. dation shall strengthen oversight and ac- award analysis described in paragraph (1), Section 2 of the Standard Reference Data countability over the full life-cycle of each the Director of the Foundation shall include Act (15 U.S.C. 290a) is amended to read as fol- major multi-user research facility project, projected operational costs within the Foun- lows: including planning, development, procure- dation’s out-years as part of the President’s ‘‘SEC. 2. DEFINITIONS. ment, construction, operations, and support, annual budget submission to Congress under ‘‘For the purposes of this Act: and shut-down of the facility, in order to section 1105 of title 31, United States Code. ‘‘(1) STANDARD REFERENCE DATA.—The term maximize research investment. (c) COST OVERSIGHT.— ‘standard reference data’ means data that (2) REQUIREMENTS.—In carrying out para- (1) PRE-AWARD ANALYSIS.— is— graph (1), the Director shall— (A) IN GENERAL.—The Director of the Foun- ‘‘(A) either— (A) prioritize the scientific outcomes of a dation and the National Science Board may ‘‘(i) quantitative information related to a major multi-user research facility project not approve or execute any agreement to measurable physical, or chemical, or biologi- and the internal management and financial start construction on any proposed major cal property of a substance or system of sub- oversight of the major multi-user research multi-user research facility project unless— stances of known composition and structure; facility project; (i) an external analysis of the proposed ‘‘(ii) measurable characteristics of a phys- (B) clarify the roles and responsibilities of budget has been conducted to ensure the pro- ical artifact or artifacts; all organizations, including offices, panels, posal is complete and reasonable; ‘‘(iii) engineering properties or perform- committees, and directorates, involved in (ii) the analysis under clause (i) follows the ance characteristics of a system; or supporting a major multi-user research facil- Government Accountability Office Cost Esti- ‘‘(iv) 1 or more digital data objects that ity project, including the role of the Major mating and Assessment Guide; serve— Research Equipment and Facilities Con- (iii) except as provided under subparagraph ‘‘(I) to calibrate or characterize the per- struction Panel; (C), an analysis of the accounting systems formance of a detection or measurement sys- (C) establish policies and procedures for has been conducted; tem; or the planning, management, and oversight of (iv) an independent cost estimate of the ‘‘(II) to interpolate or extrapolate, or both, a major multi-user research facility project construction of the project has been con- data described in subparagraph (A) through at each phase of the life-cycle of the major ducted using the same detailed technical in- (C); and multi-user research facility project; formation as the project proposal estimate ‘‘(B) that is critically evaluated as to its (D) ensure that policies for estimating and to determine whether the estimate is well- reliability under section 3 of this Act. managing costs and schedules are consistent supported and realistic; and ‘‘(2) SECRETARY.—The term ‘Secretary’ with the best practices described in the Gov- (v) the Foundation and the National means the Secretary of Commerce.’’. ernment Accountability Office Cost Esti- Science Board have considered the analyses SEC. 109. NSF MID-SCALE PROJECT INVEST- mating and Assessment Guide, the Govern- under clauses (i) and (iii) and the inde- MENTS. ment Accountability Office Schedule Assess- pendent cost estimate under clause (iv) and (a) FINDINGS.—Congress makes the fol- ment Guide, and the Office of Management resolved any major issues identified therein. lowing findings: and Budget Uniform Guidance (2 C.F.R. Part (B) AUDITS.—An external analysis under (1) The Foundation funds major research 200); subparagraph (A)(i) may include an audit. facilities, infrastructure, and instrumenta- (E) establish the appropriate project man- (C) EXCEPTION.—The Director of the Foun- tion that provide unique capabilities at the agement and financial management exper- dation, at the Director’s discretion, may frontiers of science and engineering. tise required for Foundation staff to oversee waive the requirement under subparagraph (2) Modern and effective research facilities, each major multi-user research facility (A)(iii) if a similar analysis of the account- infrastructure, and instrumentation are crit- project effectively, including by improving ing systems was conducted in the prior ical to maintaining United States leadership project management training and certifi- years. in science and engineering. cation; (2) CONSTRUCTION OVERSIGHT.—The Director (3) The costs of some proposed research in- (F) coordinate the sharing of the best man- of the Foundation shall require for each strumentation, equipment, and upgrades to agement practices and lessons learned from major multi-user research facility project— major research facilities fall between pro- each major multi-user research facility (A) periodic external reviews on project grams currently funded by the Foundation, project; management and performance; creating a gap between the established pa- (G) continue to maintain a Large Facili- (B) adequate internal controls, policies, rameters of the Major Research Instrumen- ties Office to support the research direc- and procedures, and reliable accounting sys- tation and Major Research Equipment and torates in the development, implementation, tems in preparation for the incurred cost au- Facilities Construction programs, including and oversight of each major multi-user re- dits under subparagraph (D); projects that have been identified as cost-ef- search facility project, including by— (C) annual incurred cost submissions of fi- fective additions of high priority to the ad- (i) serving as the Foundation’s primary re- nancial expenditures; and vancement of scientific understanding. source for all policy or process issues related (D) an incurred cost audit of the major (4) The 2010 Astronomy and Astrophysics to the development, implementation, and multi-user research facility project in ac- Decadal Survey recommended a mid-scale in- oversight of a major multi-user research fa- cordance with Government Accountability novations program. cility project; Office Government Auditing Standards— (b) MID-SCALE PROJECTS.— (ii) serving as a Foundation-wide resource (i) at least once during construction at a (1) IN GENERAL.—The Foundation shall on project management, including providing time determined based on risk analysis and evaluate the existing and future needs, expert assistance on nonscientific and non- length of the award, except that the length

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00155 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7086 CONGRESSIONAL RECORD — SENATE December 9, 2016

of time between audits may not exceed 3 Technology and the Committee on Appro- (b) BRIEFING.—Not later than 180 days after years; and priations of the House of Representatives. the date of enactment of this Act, the Direc- (ii) at the completion of the construction (2) MAJOR MULTI-USER RESEARCH FACILITY tor shall brief the appropriate committees of phase. PROJECT.—The term ‘‘ ‘major multi-user re- Congress on the ongoing review, including (3) OPERATIONS COST ANALYSIS.—The Direc- search facility project’ ’’ means a science and findings and any recommendations. tor of the Foundation shall require an inde- engineering facility project that— SEC. 113. NIST CAMPUS SECURITY. pendent cost analysis of the operational pro- (A) exceeds the lesser of— (a) SUPERVISORY AUTHORITY.—The Depart- posal for each major multi-user research fa- (i) 10 percent of a Directorate’s annual ment of Commerce Office of Security shall cility project. budget; or directly manage the law enforcement and (d) CONTINGENCY.— (ii) $100,000,000 in total project costs; or site security programs of NIST through an (1) IN GENERAL.—The Director of the Foun- (B) is funded by the major research equip- assigned Director of Security for NIST with- dation shall strengthen internal controls to ment and facilities construction account, or out increasing the number of full-time equiv- improve oversight of contingency on a major any successor account. alent employees of the Department of Com- multi-user research facility project. SEC. 111. PERSONNEL OVERSIGHT. merce, including NIST. (b) REPORTS.—The Director of Security for (2) REQUIREMENTS.—In carrying out para- (a) CONFLICTS OF INTEREST.—The Director graph (1), the Director of the Foundation of the Foundation shall update the policy NIST shall provide an activities and security shall— and procedure of the Foundation relating to report on a quarterly basis for the first year (A) only include contingency amounts in conflicts of interest to improve documenta- after the date of enactment of this Act, and an award in accordance with section 200.433 tion and management of any known conflict on an annual basis thereafter, to the Under of title 2, Code of Federal Regulations (relat- of interest of an individual on temporary as- Secretary for Standards and Technology and ing to contingency provisions), or any suc- signment at the Foundation, including an in- the appropriate committees of Congress. cessor regulation; dividual on assignment under the Intergov- SEC. 114. COORDINATION OF SUSTAINABLE (B) retain control over funds budgeted for ernmental Personnel Act of 1970 (42 U.S.C. CHEMISTRY RESEARCH AND DEVEL- OPMENT. contingency, except that the Director may 4701 et seq.). (a) IMPORTANCE OF SUSTAINABLE CHEM- disburse budgeted contingency funds incre- (b) JUSTIFICATIONS.—The Deputy Director ISTRY.—It is the sense of Congress that— mentally to the awardee to ensure project of the Foundation shall submit annually to stability and continuity; the appropriate committees of Congress (1) the science of chemistry is vital to im- (C) track contingency use; and written justification for each rotator em- proving the quality of human life and plays (D) ensure that contingency amounts allo- ployed under the Intergovernmental Per- an important role in addressing critical glob- cated to the performance baseline are rea- sonnel Act of 1970 (42 U.S.C. 4701 et seq.), or al challenges, including water quality, en- sonable and allowable. other rotator employed, by the Foundation ergy, health care, and agriculture; (e) USE OF FEES.— that year that is paid at a rate that exceeds (2) sustainable chemistry can reduce risks (1) SENSE OF CONGRESS.—It is the sense of the maximum rate of pay for the Senior Ex- to human health and the environment, re- Congress that— ecutive Service, including, if applicable, the duce waste, improve pollution prevention, (A) the use of taxpayer-funded award fees level of adjustment for the certified Senior promote safe and efficient manufacturing, should be transparent and explicable; and Executive Service Performance Appraisal and promote efficient use of resources in de- (B) the Foundation should implement an System. veloping new materials, processes, and tech- award fee policy that ensures more trans- (c) REPORT.—Not later than 1 year after nologies that support viable long-term solu- parency and accountability in the funding of the date of enactment of this Act, the Direc- tions to a significant number of challenges; necessary and appropriate expenses directly tor of the Foundation shall submit to the ap- (3) sustainable chemistry can stimulate in- related to the construction and operation of propriate committees of Congress a report on novation, encourage new and creative ap- major multi-user research facilities. the Foundation’s efforts to control costs as- proaches to problems, create jobs, and save (2) REPORTING AND RECORDKEEPING.—The sociated with employing rotators, including money; and Director of the Foundation shall establish the results of and participation in the Foun- (4) a coordinated effort on sustainable guidelines for awardees regarding inappro- dation’s cost-sharing pilot program and the chemistry will allow for a greater return on priate expenditures associated with all fee Foundation’s progress in responding to the research investment in this area. types used in cooperative agreements, in- findings and implementing the recommenda- (b) SUSTAINABLE CHEMISTRY BASIC RE- cluding for alcoholic beverages, lobbying, tions of the Office of Inspector General of the SEARCH.—Subject to the availability of ap- meals or entertainment for non-business pur- Foundation related to the employment of ro- propriated funds, the Director of the Founda- poses, non-business travel, and any other tators. tion may continue to carry out the Sustain- purpose the Director determines is inappro- SEC. 112. MANAGEMENT OF THE U.S. ANTARCTIC able Chemistry Basic Research program authorized under section 509 of the National priate. PROGRAM. Science Foundation Authorization Act of (f) OVERSIGHT IMPLEMENTATION (a) REVIEW.— 2010 (42 U.S.C. 1862p–3). PROGRESS.—The Director of the Foundation (1) IN GENERAL.—The Director of the Foun- shall— dation shall continue to review the efforts by SEC. 115. MISREPRESENTATION OF RESEARCH (1) not later than 90 days after the date of the Foundation to sustain and strengthen RESULTS. enactment of this Act, and periodically scientific efforts in the face of logistical (a) PROHIBITION.—The Director of the Foundation may revise the regulations under thereafter until the completion date, provide challenges for the United States Antarctic part 689 of title 45, Code of Federal Regula- a briefing to the appropriate committees of Program. tions (relating to research misconduct) to Congress on the response to or progress made (2) ISSUES TO BE EXAMINED.—In conducting ensure that the findings and conclusions of toward implementation of— the review, the Director shall examine, at a any article authored by a principal investi- minimum, the following: (A) this section; gator, using the results of research con- (A) Implementation by the Foundation of (B) all of the issues and recommendations ducted under a Foundation grant, that is issues and recommendations identified by— identified in cooperative agreement audit re- published in a peer-reviewed publication, (i) the Inspector General of the National ports and memoranda issued by the Inspec- made publicly available, or incorporated in tor General of the Foundation in the last 5 Science Foundation in audit reports and an application for a research grant or grant years; and memoranda on the United States Antarctic extension from the Foundation, does not (C) all of the issues and recommendations Program in the last 4 years; contain any falsification, fabrication, or pla- identified by a panel of the National Acad- (ii) the U.S. Antarctic Program Blue Rib- giarism. emy of Public Administration in the Decem- bon Panel report, More and Better Science in (b) INTERAGENCY COMMUNICATION.—Upon a ber 2015 report entitled ‘‘National Science Antarctica through Increased Logistical Ef- finding that research misconduct has oc- Foundation: Use of Cooperative Agreements fectiveness, issued July 23, 2012; and curred, the Foundation shall, in addition to to Support Large Scale Investment in Re- (iii) the National Research Council report, any possible final action under section 689.3 search’’; and Future Science Opportunities in Antarctica of title 45, Code of Federal Regulations, no- (2) not later than 1 year after the date of and the Southern Ocean, issued September tify other Federal science agencies of the enactment of this Act, notify the appro- 2011. finding. priate committees of Congress when the (B) Efforts by the Foundation to track its SEC. 116. RESEARCH REPRODUCIBILITY AND Foundation has implemented the rec- progress in addressing the issues and rec- REPLICATION. ommendations identified in a panel of the ommendations under subparagraph (A). (a) SENSE OF CONGRESS.—It is the sense of National Academy of Public Administration (C) Efforts by the Foundation to address Congress that— report issued December 2015. other opportunities and challenges, includ- (1) the gold standard of good science is the (g) DEFINITIONS.—In this section: ing efforts on scientific research, coordina- ability of a researcher or research laboratory (1) APPROPRIATE COMMITTEES OF CON- tion with other Federal agencies and inter- to reproduce a published research finding, in- GRESS.—The term ‘‘appropriate committees national partners, logistics and transpor- cluding methods; of Congress’’ means the Committee on Com- tation, health and safety of participants, (2) there is growing concern that some pub- merce, Science, and Transportation and the oversight and financial management of lished research findings cannot be repro- Committee on Appropriations of the Senate awardees and contractors, and resources and duced or replicated, which can negatively af- and the Committee on Science, Space, and policy challenges. fect the public’s trust in science;

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00156 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7087

(3) there are a complex set of factors af- (6) Researchers spend as much as 42 per- (D) REQUIREMENTS.—Each investigator fecting reproducibility and replication; and cent of their time complying with Federal shall— (4) the increasing interdisciplinary nature regulations, including administrative tasks (i) be responsible for ensuring the inves- and complexity of scientific research may be such as applying for grants or meeting re- tigator’s profile is current and accurate; and a contributing factor to issues with research porting requirements. (ii) be assigned a unique identifier linked reproducibility and replication. (c) SENSE OF CONGRESS.—It is the sense of to the database and accessible to all Federal (b) REPORT.— Congress that— funding agencies. (1) IN GENERAL.—Not later than 45 days (1) administrative burdens faced by re- (4) CENTRALIZED ASSURANCES REPOSITORY.— after the date of enactment of this Act, the searchers may be reducing the return on in- The Working Group shall— Director of the Foundation shall enter into vestment of federally funded research and (A) establish a central repository for all of an agreement with the National Research development; and the assurances required for Federal research Council— (2) it is a matter of critical importance to grants; and (A) to assess research and data reproduc- United States competitiveness that adminis- (B) provide guidance to institutions of ibility and replicability issues in inter- trative costs of federally funded research be higher education and Federal science agen- disciplinary research; streamlined so that a higher proportion of cies on the use of the centralized assurances (B) to make recommendations for improv- federal funding is applied to direct research repository. ing rigor and transparency in scientific re- activities. (5) COMPREHENSIVE REVIEW.— search; and (d) ESTABLISHMENT.—The Director of the (A) IN GENERAL.—The Working Group (C) to submit to the Director of the Foun- Office of Management and Budget, in coordi- shall— dation a report on the assessment, including nation with the Office of Science and Tech- (i) conduct a comprehensive review of the its findings and recommendations, not later nology Policy, shall establish an interagency mandated progress reports for federally fund- than 1 year after the date of enactment of working group (referred to in this section as ed research; and this Act. the ‘‘Working Group’’) for the purpose of re- (ii) develop a strategy to simplify investi- (2) SUBMISSION TO CONGRESS.—Not later ducing administrative burdens on federally gator progress reports. than 60 days after the date the Director of funded researchers while protecting the pub- (B) CONSIDERATIONS.—In developing the the Foundation receives the report under lic interest through the transparency of and strategy, the Working Group shall consider paragraph (1)(C), the Director shall submit accountability for federally funded activi- limiting progress reports to performance the report to the appropriate committees of ties. outcomes. Congress, including a response from the Di- (e) RESPONSIBILITIES.— (f) CONSULTATION.—In carrying out its re- rector of the Foundation and the Chair of (1) IN GENERAL.—The Working Group sponsibilities under subsection (e)(1), the the National Science Board as to whether shall— Working Group shall consult with academic they agree with each of the findings and rec- (A) regularly review relevant, administra- researchers outside the Federal Government, ommendations in the report. tion-related regulations imposed on federally including— SEC. 117. BRAIN RESEARCH THROUGH ADVANC- funded researchers; (1) federally funded researchers; ING INNOVATIVE (B) recommend those regulations or proc- (2) non-federally funded researchers; NEUROTECHNOLOGIES INITIATIVE. esses that may be eliminated, streamlined, (3) institutions of higher education and (a) IN GENERAL.—The Foundation shall or otherwise improved for the purpose de- their representative associations; support research activities related to the scribed in subsection (d); (4) scientific and engineering disciplinary interagency Brain Research through Advanc- (C) recommend ways to minimize the regu- societies and associations; ing Innovative Neurotechnologies Initiative. latory burden on United States institutions (5) nonprofit research institutions; (b) SENSE OF CONGRESS.—It is the sense of of higher education performing federally (6) industry, including small businesses; Congress that the Foundation should work funded research while maintaining account- (7) federally funded research and develop- in conjunction with the Interagency Work- ability for federal funding; and ment centers; and ing Group on Neuroscience established by (D) recommend ways to identify and up- (8) members of the public with a stake in the National Science and Technology Coun- date specific regulations to refocus on per- ensuring effectiveness, efficiency, and ac- cil, Committee on Science to determine how formance-based goals rather than on process countability in the performance of scientific to use the data infrastructure of the Founda- while achieving the outcome described in research. (g) REPORTS.—Not later than 1 year after tion and other applicable Federal science subparagraph (C). agencies to help neuroscientists collect, the date of enactment of this Act, and annu- (2) GRANT REVIEW.— standardize, manage, and analyze the large ally thereafter for 3 years, the Working (A) IN GENERAL.—The Working Group Group shall submit to the appropriate com- amounts of data that result from research shall— mittees of Congress a report on its respon- attempting to understand how the brain (i) conduct a comprehensive review of Fed- functions. sibilities under this section, including a dis- eral science agency grant proposal docu- cussion of the considerations described in TITLE II—ADMINISTRATIVE AND ments; and paragraphs (2)(B), (3)(B), and (5)(B) of sub- REGULATORY BURDEN REDUCTION (ii) develop, to the extent practicable, a section (e) and recommendations made under SEC. 201. INTERAGENCY WORKING GROUP ON RE- simplified, uniform grant format to be used subsection (e)(1). SEARCH REGULATION. by all Federal science agencies. SEC. 202. SCIENTIFIC AND TECHNICAL COLLABO- (a) SHORT TITLE.—This section may be (B) CONSIDERATIONS.—In developing the RATION. cited as the ‘‘Research and Development Ef- uniform grant format, the Working Group (a) DEFINITION OF SCIENTIFIC AND TECH- ficiency Act’’. shall consider whether to implement— NICAL WORKSHOP.—In this section, the term (b) FINDINGS.—Congress makes the fol- (i) procedures for preliminary project pro- ‘‘scientific and technical workshop’’ means a lowing findings: posals in advance of peer-review selection; symposium, seminar, or any other organized, (1) Scientific and technological advance- (ii) increased use of ‘‘Just-In-Time’’ proce- formal gathering where scientists or engi- ment have been the largest drivers of eco- dures for documentation that does not bear neers working in STEM research and devel- nomic growth in the last 50 years, with the directly on the scientific merit of a proposal; opment fields assemble to coordinate, ex- Federal Government being the largest inves- (iii) simplified initial budget proposals in change and disseminate information or to tor in basic research. advance of peer review selection; and explore or clarify a defined subject, problem (2) Substantial and increasing administra- (iv) detailed budget proposals for appli- or area of knowledge in the STEM fields. tive burdens and costs in Federal research cants that peer review selection identifies as (b) SENSE OF CONGRESS.—It is the sense of administration, particularly in the higher likely to be funded. Congress that— education sector where most federally fund- (3) CENTRALIZED RESEARCHER PROFILE DATA- (1) the United States should encourage ed research is performed, are eroding funds BASE.— broad dissemination of Federal research available to carry out basic scientific re- (A) ESTABLISHMENT.—The Working Group findings and engagement of Federal research. shall establish, to the extent practicable, a searchers with the scientific and technical (3) Federally funded grants are increas- secure, centralized database for investigator community; and ingly competitive, with the Foundation biosketches, curriculum vitae, licenses, lists (2) laboratory, test center, and field center funding only approximately 1 in every 5 of publications, and other documents consid- directors and other similar heads of offices grant proposals. ered relevant by the Working Group. should approve scientific and technical (4) Progress has been made over the last (B) CONSIDERATIONS.—In establishing the workshop attendance if— decade in streamlining the pre-award grant centralized profile database under subpara- (A) that attendance would meet the mis- application process through the Federal Gov- graph (A), the Working Group shall consider sion of the laboratory or test center; and ernment’s Grants.gov website. incorporating existing investigator data- (B) sufficient laboratory or test center (5) Post-award administrative costs have bases. funds are available for that purpose. increased as Federal research agencies have (C) GRANT PROPOSALS.—To the extent prac- (c) ATTENDANCE POLICIES.—Not later than continued to impose agency-unique compli- ticable, all grant proposals shall utilize the 180 days after the date of enactment of this ance and reporting requirements on re- centralized investigator profile database es- Act, the heads of the Federal science agen- searchers and research institutions. tablished under subparagraph (A). cies shall each develop an action plan for the

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00157 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7088 CONGRESSIONAL RECORD — SENATE December 9, 2016 implementation of revisions and updates to ‘‘(4) develop, not later than 5 years after 1998 (42 U.S.C. 1862k note)) and the proposed their policies on attendance at scientific and the date of the release of the most-recent schedule of completion. technical workshops. strategic plan, and update every 5 years ‘‘(3) UPDATES.—The Director shall update (d) NIST WORKSHOPS.—Section 2(c) of the thereafter, a strategic plan to guide the ac- the list prepared under paragraph (1) each National Institute of Standards and Tech- tivities described under subsection (b) that time the Board approves a new project that nology Act (15 U.S.C. 272(c)), as amended by describes— would receive funding under the major re- section 104 of this Act, is further amended— ‘‘(A) the near-term and long-term objec- search equipment and facilities construction (1) by redesignating paragraphs (19) tives for the Program; account and periodically submit any updated through (24) as paragraphs (22) through (27), ‘‘(B) the anticipated schedule for achieving list to the Board for approval.’’; respectively; and the near-term objectives; and (2) by striking subsection (e); (2) by inserting after paragraph (18) the fol- ‘‘(C) the metrics that will be used to assess (3) by redesignating subsections (c) and (d) lowing: progress toward the near-term and long-term as subsections (b) and (c), respectively; and ‘‘(19) host, participate in, and support sci- objectives; (4) by amending subsection (c), as redesig- entific and technical workshops (as defined ‘‘(D) how the Program will move results nated, to read as follows: in section 202 of the American Innovation out of the laboratory and into application ‘‘(c) BOARD APPROVAL OF MAJOR RESEARCH and Competitiveness Act); for the benefit of society; EQUIPMENT AND FACILITIES PROJECTS.—The ‘‘(20) collect and retain any fees charged by ‘‘(E) the Program’s support for long-term Board shall explicitly approve any project to the Secretary for hosting a scientific and funding for interdisciplinary research and be funded out of the major research equip- technical workshop described in paragraph development in nanotechnology; and ment and facilities construction account be- (19); ‘‘(F) the allocation of funding for inter- fore any funds may be obligated from such ‘‘(21) notwithstanding title 31 of the United agency nanotechnology projects;’’; account for such project.’’. States Code, use the fees described in para- (2) by amending section 4(d) (15 U.S.C. SEC. 205. REPEAL OF CERTAIN PROVISIONS. graph (20) to pay for any related expenses, 7503(d)) to read as follows: (a) TECHNOLOGY INNOVATION PROGRAM.— including subsistence expenses for partici- ‘‘(d) REPORTS.—Not later than 4 years after (1) IN GENERAL.—Section 28 of the National pants;’’. the date of the most recent assessment under Institute of Standards and Technology Act SEC. 203. NIST GRANTS AND COOPERATIVE subsection (c), and quadrennially thereafter, (15 U.S.C. 278n) is repealed. AGREEMENTS UPDATE. the Advisory Panel shall submit to the (2) CONFORMING AMENDMENTS.— Section 8(a) of the Stevenson-Wydler Tech- President, the Committee on Commerce, (A) ADDITIONAL AWARD CRITERIA.—Section nology Innovation Act of 1980 (15 U.S.C. Science, and Transportation of the Senate, 4226(b) of the Small Business Jobs Act of 2010 3706(a)) is amended by striking ‘‘The total and the Committee on Science, Space, and (15 U.S.C. 278n note) is repealed. amount of any such grant or cooperative Technology of the House of Representatives (B) MANAGEMENT COSTS.—Section 2(d) of agreement may not exceed 75 percent of the a report its assessments under subsection (c) the National Institute of Standards and total cost of the program.’’. and its recommendations for ways to im- Technology Act (15 U.S.C. 272(d)) is amended SEC. 204. REPEAL OF CERTAIN OBSOLETE RE- prove the Program.’’; and by striking ‘‘sections 25, 26, and 28’’ and in- PORTS. (3) in section 5 (15 U.S.C. 7504)— serting ‘‘sections 25 and 26’’. (a) REPEAL OF CERTAIN OBSOLETE RE- (A) in the heading, by striking ‘‘TRIENNIAL’’ (C) ANNUAL AND OTHER REPORTS TO SEC- PORTS.— and inserting ‘‘QUADRENNIAL’’; RETARY AND CONGRESS.—Section 10(h)(1) of (1) NIST REPORTS.— (B) in subsection (a), in the matter pre- the National Institute of Standards and (A) REPORT ON DONATION OF EDUCATIONALLY ceding paragraph (1), by striking ‘‘triennial’’ Technology Act (15 U.S.C. 278(h)(1)) is USEFUL FEDERAL EQUIPMENT TO SCHOOLS.— and inserting ‘‘quadrennial’’; amended by striking ‘‘, including the Pro- Section 6(b) of the Technology Administra- (C) in subsection (b), by striking ‘‘tri- gram established under section 28,’’. tion Act of 1998 (15 U.S.C. 272 note) is amend- ennial’’ and inserting ‘‘quadrennial’’; (b) TEACHERS FOR A COMPETITIVE TOMOR- ed— (D) in subsection (c), by striking ‘‘tri- ROW.—Sections 6111 through 6116 of the (i) in paragraph (1), by striking ‘‘(1) IN GEN- ennial’’ and inserting ‘‘quadrennial’’; and America COMPETES Act (20 U.S.C. 9811, ERAL.—’’ and indenting appropriately; and (E) by amending subsection (d) to read as 9812, 9813, 9814, 9815, 9816) and the items relat- (ii) by striking paragraph (2). follows: ing to those sections in the table of contents (B) THREE-YEAR PROGRAMMATIC PLANNING ‘‘(d) REPORT.— under section 2 of that Act (Public Law 110- DOCUMENT.— ‘‘(1) IN GENERAL.—Not later than 30 days 69; 121 Stat. 572) are repealed. (i) IN GENERAL.—Section 23 of the National after the date the first evaluation under sub- SEC. 206. GRANT SUBRECIPIENT TRANSPARENCY Institute of Standards and Technology Act section (a) is received, and quadrennially AND OVERSIGHT. (15 U.S.C. 278i) is amended by striking sub- thereafter, the Director of the National (a) IN GENERAL.—Not later than 1 year sections (c) and (d). Nanotechnology Coordination Office shall re- after the date of enactment of this Act, the (ii) CONFORMING AMENDMENT.—Section port to the President its assessments under Inspector General of the Foundation shall 10(h)(1) of the National Institute of Stand- subsection (c) and its recommendations for prepare and submit to the appropriate com- ards and Technology Act (15 U.S.C. 278(h)(1)) ways to improve the Program. mittees of Congress an audit of the Founda- is amended by striking the last sentence. ‘‘(2) CONGRESS.—Not later than 30 days tion’s policies and procedures governing the (2) MULTIAGENCY REPORT ON INNOVATION AC- after the date the President receives the re- monitoring of pass-through entities with re- CELERATION RESEARCH.—Section 1008 of the port under paragraph (1), the Director of the spect to subrecipients. America COMPETES Act (42 U.S.C. 6603) is Office of Science and Technology Policy (b) CONTENTS.—The audit shall include the amended— shall transmit a copy of the report to Con- following: (A) by striking subsection (c); and gress.’’. (1) Information regarding the Foundation’s (B) by redesignating subsection (d) as sub- (c) MAJOR RESEARCH EQUIPMENT AND FA- process to oversee— section (c). CILITIES CONSTRUCTION.—Section 14 of the (A) the compliance of pass-through entities (3) NSF REPORTS.— National Science Foundation Authorization under section 200.331 and subpart F of part (A) FUNDING FOR SUCCESSFUL STEM EDU- Act of 2002 (42 U.S.C. 1862n-4) is amended— 200 of chapter II of subtitle A of title 2, Code CATION PROGRAMS; REPORT TO CONGRESS.— (1) by amending subsection (a) to read as of Federal Regulations, and the other re- Section 7012 of the America COMPETES Act follows: quirements of that title for subrecipients; (42 U.S.C. 1862o-4) is amended by striking ‘‘(a) PRIORITIZATION OF PROPOSED MAJOR (B) whether pass-through entities have subsection (c). RESEARCH EQUIPMENT AND FACILITIES CON- processes and controls in place regarding fi- (B) ENCOURAGING PARTICIPATION; EVALUA- STRUCTION.— nancial compliance of subrecipients, where TION AND REPORT.—Section 7031 of the Amer- ‘‘(1) DEVELOPMENT OF PRIORITIES.—The Di- appropriate; and ica COMPETES Act (42 U.S.C. 1862o-11) is rector shall— (C) whether pass-through entities have amended by striking subsection (b). ‘‘(A) develop a list indicating by number processes and controls in place to maintain (C) MATH AND SCIENCE PARTNERSHIPS PRO- the relative priority for funding under the approved grant objectives for subrecipients, GRAM COORDINATION REPORT.—Section 9(c) of major research equipment and facilities con- where appropriate. the National Science Foundation Authoriza- struction account that the Director assigns (2) Recommendations, if necessary, to in- tion Act of 2002 (42 U.S.C. 1862n(c)) is amend- to each project the Board has approved for crease transparency and oversight while bal- ed— inclusion in a future budget request; and ancing administrative burdens. (i) by striking paragraph (4); and ‘‘(B) submit the list described in subpara- SEC. 207. MICRO-PURCHASE THRESHOLD FOR (ii) by redesignating paragraph (5) as paragraph (A) to the Board for approval. PROCUREMENT SOLICITATIONS BY graph (4). ‘‘(2) CRITERIA.—The Director shall include RESEARCH INSTITUTIONS. (b) NATIONAL NANOTECHNOLOGY INITIATIVE in the criteria for developing the list under (a) MICRO-PURCHASE THRESHOLD.—The REPORTS.—The 21st Century Nanotechnology paragraph (1) the readiness of plans for con- micro-purchase threshold for procurement Research and Development Act (15 U.S.C. struction and operation, including con- activities administered under sections 6303 7501 et seq.) is amended— fidence in the estimates of the full life-cycle through 6305 of title 31, United States Code, (1) by amending section 2(c)(4) (15 U.S.C. cost (as defined in section 2 of the National awarded by the Foundation, the National 7501(c)(4)) to read as follows: Science Foundation Authorization Act of Aeronautics and Space Administration, or

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00158 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7089

the National Institute of Standards and (f) WEBSITE.—The Director shall make each ‘‘(2) in each fiscal year, the Administrator Technology to institutions of higher edu- report available to the public on the Office of shall limit its program administration costs cation, or related or affiliated nonprofit en- Science and Technology Policy website. to no more than 5 percent of funds appro- tities, or to nonprofit research organizations (g) TERMINATION.—The body established priated for this program for that fiscal year. or independent research institutes is— under subsection (b) shall terminate on the ‘‘(e) REPORTS.—For any fiscal year in (1) $10,000 (as adjusted periodically to ac- date that is 10 years after the date of enact- which the Administrator cannot meet the count for inflation); or ment of this Act. administration cost target under subsection (2) such higher threshold as determined ap- (h) ADDITIONAL REPORTS TO CONGRESS.— (d)(2), if the Administration is unable to propriate by the head of the relevant execu- The Director of the Office of Science and limit program costs under subsection (b), the tive agency and consistent with audit find- Technology Policy shall submit, not later Administrator shall submit to the appro- ings under chapter 75 of title 31, United than 60 days after the date of enactment of priate committees of Congress a report, in- States Code, internal institutional risk as- this Act and annually thereafter, to the cluding— sessment, or State law. Committee on Commerce, Science, and ‘‘(1) a description of why the Adminis- (b) UNIFORM GUIDANCE.—The Uniform Transportation and the Committee on For- trator did not meet the cost target under Guidance shall be revised to conform with eign Relations of the Senate and the Com- subsection (d); and the requirements of this section. For pur- mittee on Science, Space, and Technology poses of the preceding sentence, the term ‘‘(2) the measures the Administrator will and the Committee on Foreign Affairs of the take in the next fiscal year to meet the cost ‘‘Uniform Guidance’’ means the uniform ad- House of Representatives a report that lists ministrative requirements, cost principles, target under subsection (d) without drawing and describes the details of all foreign travel upon other Federal funding.’’. and audit requirements for Federal awards by Office of Science and Technology Policy contained in part 200 of title 2 of the Code of staff and detailees. SEC. 303. STEM EDUCATION ADVISORY PANEL. Federal Regulations. TITLE III—SCIENCE, TECHNOLOGY, (a) ESTABLISHMENT.—Not later than 180 SEC. 208. COORDINATION OF INTERNATIONAL ENGINEERING, AND MATH EDUCATION days after the date of enactment this Act, SCIENCE AND TECHNOLOGY PART- the Director of the Foundation, Secretary of NERSHIPS. SEC. 301. ROBERT NOYCE TEACHER SCHOLAR- Education, Administrator of the National (a) SHORT TITLE.—This section may be SHIP PROGRAM UPDATE. cited as the ‘‘International Science and Section 10A of the National Science Foun- Aeronautics and Space Administration, and Technology Cooperation Act of 2016’’. dation Authorization Act of 2002 (42 U.S.C. Administrator of the National Oceanic and (b) ESTABLISHMENT.—The Director of the 1862n–1a) is amended by adding at the end Atmospheric Administration shall jointly es- Office of Science and Technology Policy the following: tablish an advisory panel (referred to in this shall establish a body under the National ‘‘(k) STEM TEACHER SERVICE AND RETEN- section as the ‘‘STEM Education Advisory Science and Technology Council with the re- TION.— Panel’’) to advise the Committee on STEM sponsibility to identify and coordinate inter- ‘‘(1) IN GENERAL.—The Director shall de- Education of the National Science and Tech- national science and technology cooperation velop and implement practices for increasing nology Council (referred to in this section as that can strengthen the United States the proportion of individuals receiving fel- ‘‘CoSTEM’’) on matters relating to STEM science and technology enterprise, improve lowships under this section who— education. economic and national security, and support ‘‘(A) fulfill the service obligation required (b) MEMBERS.— United States foreign policy goals. under subsection (h); and (1) IN GENERAL.—The STEM Education Ad- (c) NSTC BODY LEADERSHIP.—The body es- ‘‘(B) remain in the teaching profession in a visory Panel shall be composed of not less tablished under subsection (b) shall be co- high need local educational agency beyond than 11 members. chaired by senior level officials from the Of- the service obligation. (2) APPOINTMENT.— fice of Science and Technology Policy and ‘‘(2) PRACTICES.—The practices described (A) IN GENERAL.—Subject to subparagraph the Department of State. under paragraph (1) may include— (B), the Director of the Foundation, in con- (d) RESPONSIBILITIES.—The body estab- sultation with the Secretary of Education lished under subsection (b) shall— ‘‘(A) partnering with nonprofit or profes- and the heads of the Federal science agen- (1) plan and coordinate interagency inter- sional associations or with other government cies, shall appoint the members of the STEM national science and technology cooperative entities to provide individuals receiving fel- Education Advisory Panel. research and training activities and partner- lowships under this section with opportuni- (B) CONSIDERATION.—In selecting individ- ships supported or managed by Federal agen- ties for professional development, including uals to appoint under subparagraph (A), the cies; mentorship programs that pair those individ- Director of the Foundation shall seek and (2) work with other National Science and uals with currently employed and recently give consideration to recommendations from Technology Council committees to help plan retired science, technology, engineering, Congress, industry, the scientific commu- and coordinate the international component mathematics, or computer science profes- nity, including the National Academy of of national science and technology prior- sionals; Sciences, scientific professional societies, ities; ‘‘(B) increasing recruitment from high academia, State and local governments, or- (3) establish Federal priorities and policies need districts; ganizations representing individuals identi- for aligning, as appropriate, international ‘‘(C) establishing a system to better col- fied in section 33 or section 34 of the Science science and technology cooperative research lect, track, and respond to data on the career and Engineering Equal Opportunities Act (42 and training activities and partnerships sup- decisions of individuals receiving fellowships U.S.C. 1885a, 1885b), and such other organiza- ported or managed by Federal agencies with under this section; tions as the Director considers appropriate. the foreign policy goals of the United States; ‘‘(D) conducting research to better under- (C) QUALIFICATIONS.—Members shall— (4) identify opportunities for new inter- stand factors relevant to teacher service and (i) primarily be individuals from academic national science and technology cooperative retention, including factors specifically im- institutions, nonprofit organizations, and in- research and training partnerships that ad- pacting the retention of teachers who are industry, including in-school, out-of-school, vance both the science and technology and dividuals identified in sections 33 and 34 of and informal education practitioners; and the foreign policy priorities of the United the Science and Engineering Equal Opportu- (ii) be individuals who are qualified to pro- States; nities Act (42 U.S.C. 1885a, 1885b); and vide advice and information on STEM edu- (5) in carrying out paragraph (4), solicit ‘‘(E) conducting pilot programs to improve cation research, development, training, im- input and recommendations from non-Fed- teacher service and retention.’’. plementation, interventions, professional de- eral science and technology stakeholders, in- SEC. 302. SPACE GRANTS. velopment, or workforce needs or concerns. cluding institutions of higher education, sci- (a) SENSE OF CONGRESS.—It is the sense of entific and professional societies, industry, Congress that the National Space Grant Col- (c) RESPONSIBILITIES.— and other relevant organizations and institu- lege and Fellowship Program has been an im- (1) IN GENERAL.—The STEM Education Ad- tions; and portant program by which the Federal Gov- visory Panel shall— (6) identify broad issues that influence the ernment has partnered with universities, col- (A) advise CoSTEM; ability of United States scientists and engi- leges, industry, and other organizations to (B) periodically assess CoSTEM’s progress neers to collaborate with foreign counter- provide hands-on STEM experiences, fos- in carrying out its responsibilities under sec- parts, including barriers to collaboration and tering of multidisciplinary space research, tion 101(b) of the America COMPETES Reau- access to scientific information. and supporting graduate fellowships in thorization Act of 2010 (42 U.S.C. 6621(b)); and (e) REPORT TO CONGRESS.—The Director of space-related fields, among other purposes. (C) help identify any need or opportunity the Office of Science and Technology Policy (b) ADMINISTRATIVE COSTS.—Section 40303 to update the strategic plan under section shall submit to the Committee on Com- of title 51, United States Code, is amended by 101(b) of that Act. merce, Science, and Transportation and the adding at the end the following: (2) CONSIDERATIONS.—In its advisory role, Committee on Foreign Relations of the Sen- ‘‘(d) PROGRAM ADMINISTRATION COSTS.—In the STEM Education Advisory Panel shall ate and the Committee on Science, Space, carrying out the provisions of this chapter, consider— and Technology and the Committee on For- the Administrator— (A) the management, coordination, and im- eign Affairs of the House of Representatives ‘‘(1) shall maximize appropriated funds for plementation of STEM education programs a biennial report on the requirements of this grants and contracts made under section and activities across the Federal Govern- section. 40304 in each fiscal year; and ment;

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00159 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7090 CONGRESSIONAL RECORD — SENATE December 9, 2016 (B) the appropriateness of criteria used by SEC. 304. COMMITTEE ON STEM EDUCATION. ian or Other Pacific Islander categories for Federal agencies to evaluate the effective- (a) RESPONSIBILITIES.—Section 101(b) of the different faculty ranks were too small for ness of Federal STEM education programs America COMPETES Reauthorization Act of the Foundation to report publicly without and activities; 2010 (42 U.S.C. 6621(b)) is amended— potentially compromising confidential infor- (C) whether societal and workforce con- (1) in paragraph (5)(D), by striking ‘‘; and’’ mation about the individuals being surveyed. and inserting a semicolon; cerns are adequately addressed by current (b) SENSE OF CONGRESS.—It is the sense of Federal STEM education programs and ac- (2) in paragraph (6), by striking the period Congress that— at the end and inserting a semicolon; and tivities; (1) it is critical to our Nation’s economic (3) by adding at the end the following: (D) how Federal agencies can incentivize leadership and global competitiveness that ‘‘(7) collaborate with the STEM Education institutions of higher education to improve the United States educate, train, and retain Advisory Panel established under section 303 retention of STEM students; more scientists, engineers, and computer sci- of the American Innovation and Competi- (E) ways to leverage private and nonprofit entists; tiveness Act and other outside stakeholders STEM investments and encourage public-pri- (2) there is currently a disconnect between to ensure the engagement of the STEM edu- vate partnerships to strengthen STEM edu- the availability of and growing demand for cation community; cation and help build the STEM workforce STEM-skilled workers; ‘‘(8) review the measures used by a Federal pipeline; (3) historically, underrepresented popu- (F) ways to incorporate workforce needs agency to evaluate its STEM education activities and programs; lations are the largest untapped STEM tal- into Federal STEM education programs and ent pools in the United States; and activities, particularly for specific employ- ‘‘(9) request and review feedback from States on how the States are utilizing Fed- (4) given the shifting demographic land- ment fields of national interest and employ- scape, the United States should encourage ment fields experiencing high unemployment eral STEM education programs and activities; and full participation of individuals from under- rates; represented populations in STEM fields. (G) ways to better vertically and hori- ‘‘(10) recommend the reform, termination, (c) REAFFIRMATION.—The Director of the zontally integrate Federal STEM education or consolidation of Federal STEM education Foundation shall continue to support pro- programs and activities from pre-kinder- activities and programs, taking into consid- grams designed to broaden participation of garten through graduate study and the work- eration the recommendations of the STEM underrepresented populations in STEM force, and from in-school to out-of-school in Education Advisory Panel.’’. (b) REPORTS.—Section 101 of the America fields. order to improve transitions for students COMPETES Reauthorization Act of 2010 (42 (d) GRANTS TO BROADEN PARTICIPATION.— moving through the STEM education and U.S.C. 6621) is amended— workforce pipelines; (1) IN GENERAL.—The Director of the Foun- (1) by striking ‘‘(c) REPORT.—’’ and insert- (H) the extent to which Federal STEM edu- dation shall award grants on a competitive, ing ‘‘(d) REPORTS.—’’; cation programs and activities are contrib- merit-reviewed basis, to eligible entities to (2) by striking ‘‘(b) RESPONSIBILITIES OF increase the participation of underrep- uting to recruitment and retention of indi- OSTP.—’’ and inserting ‘‘(c) RESPONSIBIL- viduals identified in sections 33 and 34 of the resented populations in STEM fields, includ- ITIES OF OSTP.—’’; and ing individuals identified in section 33 or sec- Science and Engineering Equal Opportuni- (3) in subsection (d), as redesignated— ties Act (42 U.S.C. 1885a, 1885b) in the STEM tion 34 of the Science and Engineering Equal (A) in paragraph (4), by striking ‘‘; and’’ Opportunities Act (42 U.S.C. 1885a, 1885b). education and workforce pipelines; and and inserting a semicolon; (2) CENTER OF EXCELLENCE.— (I) ways to encourage geographic diversity (B) in paragraph (5), by striking the period in the STEM education and the workforce (A) IN GENERAL.—Grants awarded under at the end and inserting a semicolon; and this subsection may include grants for the pipelines. (C) by adding at the end the following: (3) RECOMMENDATIONS.—The STEM Edu- establishment of a Center of Excellence to ‘‘(6) a description of all consolidations and collect, maintain, and disseminate informa- cation Advisory Panel shall make rec- terminations of Federal STEM education ommendations to improve Federal STEM tion to increase participation of underrep- programs and activities implemented in the resented populations in STEM fields. education programs and activities based on previous fiscal year, including an expla- each assessment under paragraph (1)(B). (B) PURPOSE.—The purpose of a Center of nation for the consolidations and termi- Excellence under this subsection is to pro- (d) FUNDING.—The Director of the Founda- nations; mote diversity in STEM fields by building on tion, the Secretary of Education, the Admin- ‘‘(7) recommendations for reforms, consoli- the success of the INCLUDES programs, pro- istrator of the National Aeronautics and dations, and terminations of STEM edu- viding technical assistance, maintaining Space Administration, and the Adminis- cation programs or activities in the upcom- best practices, and providing related training trator of the National Oceanic and Atmos- ing fiscal year; and at federally funded academic institutions. pheric Administration shall jointly make ‘‘(8) a description of any significant new (e) ACCOUNTABILITY AND DISSEMINATION.— funds available on an annual basis to support STEM education public-private partnerships.’’. (1) EVALUATION.— the activities of the STEM Education Advi- (A) IN GENERAL.—Not later than 5 years sory Panel. SEC. 305. PROGRAMS TO EXPAND STEM OPPOR- TUNITIES. after the date of enactment of this Act, the (e) REPORTS.—Not later than 1 year after (a) FINDINGS.—Congress makes the fol- Director of the Foundation shall evaluate the date of enactment of this Act, and after lowing findings: the grants provided under this section. each assessment under subsection (c)(1)(B), (1) Economic projections by the Bureau of (B) REQUIREMENTS.—In conducting the the STEM Education Advisory Panel shall Labor Statistics indicate that by 2018, there evaluation under subparagraph (A), the Di- submit to the appropriate committees of could be 2,400,000 unfilled STEM jobs. rector shall— Congress and CoSTEM a report on its assess- (2) Women represent slightly more than (i) use a common set of benchmarks and ment under that subsection and its rec- half the United States population, and pro- assessment tools to identify best practices ommendations under subsection (c)(3). jections indicate that 54 percent of the popu- and materials developed or demonstrated by lation will be a member of a racial or ethnic the research; and (f) TRAVEL EXPENSES OF NON-FEDERAL minority group by 2050. (ii) to the extent practicable, combine the MEMBERS.— (3) Despite representing half the popu- research resulting from the grant activity (1) IN GENERAL.—Non-Federal members of lation, women comprise only about 30 per- under subsection (e) with the current re- the STEM Education Advisory Panel, while cent of STEM workers according to a 2015 research on serving underrepresented students attending meetings of the panel or while oth- port by the National Center for Science and in grades kindergarten through 8. erwise serving at the request of a co-chair- Engineering Statistics. (2) REPORT ON EVALUATIONS.—Not later person away from their homes or regular (4) A 2014 National Center for Education than 180 days after the completion of the places of business, may be allowed travel ex- Statistics study found that underrepresented evaluation under paragraph (1), the Director penses, including per diem in lieu of subsist- populations leave the STEM fields at higher of the Foundation shall submit to the appro- ence, as authorized by section 5703 of title 5, rates than their counterparts. priate committees of Congress and make United States Code, for individuals in the (5) The representation of women in STEM widely available to the public a report that Government serving without pay. drops significantly at the faculty level. Over- includes— (2) RULE OF CONSTRUCTION.—Nothing in this all, women hold only 25 percent of all (A) the results of the evaluation; and subsection shall be construed to prohibit tenured and tenure-track positions and 17 (B) any recommendations for administra- members of the STEM Advisory Panel who percent of full professor positions in STEM tive and legislative action that could opti- are officers or employees of the United fields in our Nation’s universities and 4-year mize the effectiveness of the program. States from being allowed travel expenses, colleges. (f) COORDINATION.—In carrying out this sec- including per diem in lieu of subsistence, in (6) Black and Hispanic faculty together tion, the Director of the Foundation shall accordance with existing law. hold about 6.5 percent of all tenured and ten- consult and cooperate with the programs and (g) TERMINATION.—The STEM Education ure-track positions and 5 percent of full pro- policies of other relevant Federal agencies to Advisory Panel established under subsection fessor positions. avoid duplication with and enhance the ef- (a) shall terminate on the date that is 5 (7) Many of the numbers in the American fectiveness of the program under this sec- years after the date that it is established. Indian or Alaskan Native and Native Hawai- tion.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00160 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7091 SEC. 306. NIST EDUCATION AND OUTREACH. the contrary, the Director may include as a SEC. 308. WORKING GROUP ON INCLUSION IN (a) REPEAL.—The National Institute of form of financial or logistical assistance STEM FIELDS. Standards and Technology Act (15 U.S.C. 271 under this subsection temporary housing and (a) ESTABLISHMENT.—The Office of Science et seq.) is amended by striking section 18 (15 transportation to and from Institute facili- and Technology Policy, in collaboration with U.S.C. 278g-1). ties. Federal departments and agencies, shall es- (b) EDUCATION AND OUTREACH.—The Na- ‘‘(e) EDUCATIONAL OUTREACH ACTIVITIES.— tablish an interagency working group to tional Institute of Standards and Technology The Director may— compile and summarize available research Act (15 U.S.C. 271 et seq.), as amended, is fur- ‘‘(1) facilitate education programs for un- and best practices on how to promote diver- ther amended by inserting after section 17, dergraduate and graduate students, sity and inclusions in STEM fields and exam- the following: postdoctoral researchers, and academic and ine whether barriers exist to promoting di- ‘‘SEC. 18. EDUCATION AND OUTREACH. industry employees; versity and inclusion within Federal agen- ‘‘(a) IN GENERAL.—The Director is author- ‘‘(2) sponsor summer workshops for STEM cies employing scientists and engineers. ized to expend funds appropriated for activi- kindergarten through grade 12 teachers as (b) RESPONSIBILITIES.—The working group ties of the Institute in any fiscal year, to appropriate; shall be responsible for reviewing and assess- support, promote, and coordinate activities ‘‘(3) develop programs for graduate student ing research, best practices, and policies and efforts to enhance public awareness and internships and visiting faculty researchers; across Federal science agencies related to understanding of measurement sciences, ‘‘(4) document publications, presentations, the inclusion of individuals identified in sec- standards and technology at the national and interactions with visiting researchers tions 33 and 34 of the Science and Engineer- measurement laboratories and otherwise in and sponsoring interns as performance ing Equal Opportunities Act (42 U.S.C. 1885a, fulfillment of the mission of the Institute. metrics for improving and continuing inter- 1885b) in the Federal STEM workforce, in- The Director may carry out activities under actions with those individuals; and cluding available research and best practices this subsection, including education and out- ‘‘(5) facilitate laboratory tours and provide on how to promote diversity and inclusion in reach activities to the general public, indus- presentations for educational, industry, and STEM fields, including— try and academia in support of the Insti- community groups.’’. (1) policies providing flexibility for sci- tute’s mission. (c) POST-DOCTORAL FELLOWSHIP PROGRAM.— entists and engineers that are also care- ‘‘(b) HIRING.—The Director, in coordination Section 19 of the National Institute of Stand- givers, particularly on the timing of research with the Director of the Office of Personnel ards and Technology Act (15 U.S.C. 278g-2) is grants; Management, may revise the procedures the amended to read as follows: (2) policies to address the proper handling of claims of sexual harassment; Director applies when making appointments ‘‘SEC. 19. POST-DOCTORAL FELLOWSHIP PRO- to laboratory positions within the competi- GRAM. (3) policies to minimize the effects of implicit bias and other systemic factors in hir- tive service— ‘‘(a) IN GENERAL.—The Institute and the ‘‘(1) to ensure corporate memory of and ex- ing, promotion, evaluation and the work- National Academy of Sciences, jointly, shall place in general; and pertise in the fundamental ongoing work, establish and conduct a post-doctoral fellow- and on developing new capabilities in pri- (4) other evidence-based strategies that the ship program, subject to the availability of working group considers effective for pro- ority areas; appropriations. ‘‘(2) to maintain high overall technical moting diversity and inclusion in the STEM ‘‘(b) ORGANIZATION.—The post-doctoral fel- competence; fields. lowship program shall include not less than (c) STAKEHOLDER INPUT.—In carrying out ‘‘(3) to improve staff diversity; 20 new fellows per fiscal year. ‘‘(4) to balance emphases on the noncore the responsibilities under section (b), the ‘‘(c) EVALUATIONS.—In evaluating applica- and core areas; or working group shall solicit and consider tions for post-doctoral fellowships under this ‘‘(5) to improve the ability of the Institute input and recommendations from non-Fed- section, the Director of the Institute and the to compete in the marketplace for qualified eral stakeholders, including— President of the National Academy of personnel. (1) the Council of Advisors on Science and Sciences shall give consideration to the goal ‘‘(c) VOLUNTEERS.— Technology; of promoting the participation of individuals ‘‘(1) IN GENERAL.—The Director may estab- (2) federally funded and non-federally fund- identified in sections 33 and 34 of the Science lish a program to use volunteers in carrying ed researchers, institutions of higher edu- and Engineering Equal Opportunities Act (42 out the programs of the Institute. cation, scientific disciplinary societies, and U.S.C. 1885a, 1885b) in research areas sup- ‘‘(2) ACCEPTANCE OF PERSONNEL.—The Di- associations; ported by the Institute.’’. rector may accept, subject to regulations (3) nonprofit research institutions; issued by the Office of Personnel Manage- (d) SAVINGS CLAUSES.— (4) industry, including small businesses; ment, voluntary service for the Institute for (1) RESEARCH FELLOWSHIPS AND OTHER FI- (5) federally funded research and develop- such purpose if the service— NANCIAL ASSISTANCE TO STUDENTS AT INSTI- ment centers; ‘‘(A) is to be without compensation; and TUTES OF HIGHER EDUCATION.—The repeal (6) non-governmental organizations; and ‘‘(B) will not be used to displace any cur- made by subsection (a) of this section shall (7) such other members of the public inter- rent employee or act as a substitute for any not affect any award of a research fellowship ested in promoting a diverse and inclusive future full-time employee of the Institute. or other form of financial assistance made Federal STEM workforce. under section 18 of the National Institute of ‘‘(3) FEDERAL EMPLOYEE STATUS.—Any indi- (d) PUBLIC REPORTS.—Not later than 1 year vidual who provides voluntary service under Standards and Technology Act (15 U.S.C. after the date of enactment of this Act, and this subsection shall not be considered a 278g-1) before the date of enactment of this periodically thereafter, the working group Federal employee, except for purposes of Act. Such award shall continue to be subject shall publish a report on the review and as- chapter 81 of title 5, United States Code (re- to the requirements to which such funds sessment under subsection (b), including a lating to compensation for injury), and sec- were subject under that section before the summary of available research and best tions 2671 through 2680 of title 28, United date of enactment of this Act. practices, any recommendations for Federal States Code (relating to tort claims). (2) POST-DOCTORAL FELLOWSHIP PROGRAM.— actions to promote a diverse and inclusive The amendment made by subsection (c) of ‘‘(d) RESEARCH FELLOWSHIPS.— Federal STEM workforce, and updates on the this section shall not affect any award of a ‘‘(1) IN GENERAL.—The Director may expend implementation of previous recommenda- funds appropriated for activities of the Insti- post-doctoral fellowship or other form of fi- tions for Federal actions. tute in any fiscal year, as the Director con- nancial assistance made under section 19 of (e) TERMINATION.—The interagency work- siders appropriate, for awards of research fel- the National Institute of Standards and ing group established under subsection (a) lowships and other forms of financial and Technology Act (15 U.S.C. 278g-2) before the shall terminate on the date that is 10 years logistical assistance, including direct sti- date of enactment of this Act. Such awards after the date that it is established. shall continue to be subject to the require- pend awards to— SEC. 309. IMPROVING UNDERGRADUATE STEM ‘‘(A) students at institutions of higher ments to which such funds were subject EXPERIENCES. under that section before the date of enact- learning within the United States who show (a) SENSE OF CONGRESS.—It is the sense of promise as present or future contributors to ment of this Act. Congress that each Federal science agency the mission of the Institute; and SEC. 307. PRESIDENTIAL AWARDS FOR EXCEL- should invest in and expand research oppor- ‘‘(B) United States citizens for research LENCE IN STEM MENTORING. tunities for undergraduate students attend- and technical activities of the Institute, in- (a) IN GENERAL.—The Director of the Foun- ing institutions of higher education during cluding programs. dation shall continue to administer awards the undergraduate students’ first 2 academic ‘‘(2) SELECTION CRITERIA.—The selection of on behalf of the Office of Science and Tech- years of postsecondary education. persons to receive such fellowships and as- nology Policy to recognize outstanding men- (b) IDENTIFICATION OF RESEARCH PRO- sistance shall be made on the basis of ability toring in STEM fields. GRAMS.—Not later than 1 year after the date and of the relevance of the proposed work to (b) ANNUAL AWARD RECIPIENTS.—The Direc- of enactment of this Act, the head of each the mission and programs of the Institute. tor of the Foundation shall provide Congress Federal agency shall submit to the President ‘‘(3) FINANCIAL AND LOGISTICAL ASSIST- with a list of award recipients, including the recommendations regarding how the agency ANCE.—Notwithstanding section 1345 of title name, institution, and a brief synopsis of the could best fulfill the goals described in sub- 31, United States Code, or any other law to impact of the mentoring efforts. section (a).

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00161 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7092 CONGRESSIONAL RECORD — SENATE December 9, 2016 SEC. 310. COMPUTER SCIENCE EDUCATION RE- SEC. 312. DEVELOPING STEM APPRENTICESHIPS. Federal laboratory, or an economic develop- SEARCH. (a) FINDINGS.—Congress makes the fol- ment organization or similar entity; and (a) FINDINGS.—Congress finds that as the lowing findings: ‘‘(B) has an application that is supported lead Federal agency for building the research (1) The lack of data on the return on in- by a State, a political subdivision of a State, knowledge base for computer science edu- vestment for United States employers using or a native organization; or cation, the Foundation is well positioned to registered apprenticeships makes it dif- ‘‘(5) a consortium of any of the entities de- make investments that will accelerate ongo- ficult— scribed in paragraphs (1) through (5). ing efforts to enable rigorous and engaging (A) to communicate the value of these pro- ‘‘(c) NEEDS ASSESSMENT GRANTS.—The Sec- computer science throughout the Nation as grams to businesses; and retary of Commerce may provide a grant to an integral part of STEM education. (B) to expand registered apprenticeships. an eligible recipient to conduct a needs as- (b) GRANT PROGRAM.— (2) The lack of data on the value and im- sessment to identify— (1) IN GENERAL.—The Director of the Foun- pact of employer-provided worker training, ‘‘(1) the unmet need of a region’s employer dation shall award grants to eligible entities which is likely substantial, hinders the abil- base for skilled STEM workers; to research computer science education and ity of the Federal Government to formulate ‘‘(2) the potential of STEM apprenticeships computational thinking. policy related to workforce training. to address the unmet need described in para- (2) RESEARCH.—The research described in (3) The Secretary of Commerce has initi- graph (1); and paragraph (1) may include the development ated— ‘‘(3) any barriers to addressing the unmet or adaptation, piloting or full implementa- (A) the first study on the return on invest- need described in paragraph (1). tion, and testing of— ment for United States employers using reg- ‘‘(d) APPRENTICESHIP EXPANSION GRANTS.— (A) models of preservice preparation for istered apprenticeships through case studies The Secretary of Commerce may provide a teachers who will teach computer science of firms in various sectors, occupations, and grant to an eligible recipient that has con- and computational thinking; geographic locations to provide the business ducted a needs assessment as described in (B) scalable and sustainable models of pro- community with data on employer benefits subsection (c)(1) to develop infrastructure to fessional development and ongoing support and costs; and expand STEM apprenticeship programs.’’. for the teachers described in subparagraph (B) discussions with officials at relevant SEC. 313. NSF REPORT ON BROADENING PARTICI- (A); Federal agencies about the need to collect PATION. (C) tools and models for teaching and comprehensive data on— Section 204(e) of the National Science learning aimed at supporting student success (i) employer-provided worker training; and Foundation Authorization Act of 1988 (42 and inclusion in computing within and (ii) existing tools that could be used to col- U.S.C. 1885c(e)) is amended to read as fol- across diverse populations, particularly poor, lect such data. lows: rural, and tribal populations and other popu- (b) DEVELOPMENT OF APPRENTICESHIP IN- ‘‘(e) BIENNIAL REPORT.—Every 2 years, the lations that have been historically underrep- FORMATION.—The Secretary of Commerce Committee shall prepare and submit to the resented in computer science and STEM shall continue to research the value to busi- Director a report on its activities during the fields; and nesses of utilizing apprenticeship programs, previous 2 years and proposed activities for (D) high-quality learning opportunities for including— the next 2 years. The Director shall submit teaching computer science and, especially in (1) evidence of return on investment of ap- to Congress the report, unaltered, together poor, rural, or tribal schools at the elemen- prenticeships, including estimates for the with such comments as the Director con- tary school and middle school levels, for in- average time it takes a business to recover siders appropriate, including— tegrating computational thinking into the costs associated with training appren- ‘‘(1) review data on the participation in STEM teaching and learning. tices; and Foundation activities of institutions serving (c) COLLABORATIONS.—In carrying out the (2) data from the United States Census Bu- populations that are underrepresented in grants established in subsection (b), eligible reau and other statistical surveys on em- STEM disciplines, including poor, rural, and entities may collaborate and partner with ployer-provided training, including appren- tribal populations; and local or remote schools to support the inte- ticeships and other on-the-job training and ‘‘(2) recommendations regarding how the gration of computing and computational industry-recognized certification programs. Foundation could improve outreach and in- thinking within pre-kindergarten through (c) DISSEMINATION OF APPRENTICESHIP IN- clusion of these populations in Foundation grade 12 STEM curricula and instruction. FORMATION.—The Secretary of Commerce activities.’’. (d) METRICS.—The Director of the Founda- shall disseminate findings from research on SEC. 314. NOAA SCIENCE EDUCATION PROGRAMS. tion shall develop metrics to measure the apprenticeships to businesses and other rel- (a) IN GENERAL.—Section 4002(a) of the success of the grant program funded under evant stakeholders, including— America COMPETES Act (33 U.S.C. 893a(a)) this section in achieving program goals. (1) institutions of higher education; is amended by striking ‘‘agency, with consid- (e) REPORT.—The Director of the Founda- (2) State and local chambers of commerce; eration given to the goal of promoting the tion shall report, in the annual budget sub- and participation of individuals from underrep- mission to Congress, on the success of the (3) workforce training organizations. resented groups’’ and inserting ‘‘the agency, program as measured by the metrics in sub- (d) NEW APPRENTICESHIP PROGRAM with consideration given to the goal of pro- section (d). STUDY.—The Secretary of Commerce may moting the participation of individuals iden- (f) DEFINITION OF ELIGIBLE ENTITY.—In this collaborate with the Secretary of Labor to tified in sections 33 and 34 of the Science and section, the term ‘‘eligible entity’’ means an study approaches for reducing the cost of Engineering Equal Opportunities Act (42 institution of higher education or a non- creating new apprenticeship programs and U.S.C. 1885a, 1885b)’’. profit research organization. hosting apprentices for businesses, particu- (b) EDUCATIONAL PROGRAM GOALS.—Section SEC. 311. INFORMAL STEM EDUCATION. larly small businesses, including— 4002(b)(4) of the America COMPETES Act (33 (a) NATIONAL STEM PARTNERSHIP (1) training sharing agreements; U.S.C. 893a(b)(4)) is amended— GRANTS.—Section 3(a) of the STEM Edu- (2) group training models; and (1) in subparagraph (B), by striking ‘‘and’’ cation Act of 2015 (42 U.S.C. 1862q(a)) is (3) pooling resources and best practices. at the end; amended— (e) ECONOMIC DEVELOPMENT ADMINISTRA- (2) by redesignating subparagraph (C) and (1) in paragraph (1), by striking ‘‘; and’’ and TION GRANTS.—The Stevenson-Wydler Tech- subparagraph (D); inserting a semicolon; nology Innovation Act of 1980 (15 U.S.C. 3701 (3) by inserting after subparagraph (B) the (2) in paragraph (2), by striking the period et seq.) is amended by adding at the end the following: at the end and inserting ‘‘; and’’; and following: ‘‘(C) are designed considering the unique (3) by adding at the end the following: ‘‘SEC. 28. STEM APPRENTICESHIP PROGRAMS. needs of underrepresented groups, trans- ‘‘(3) a national partnership of institutions ‘‘(a) IN GENERAL.—The Secretary of Com- lating such materials and other resources;’’; involved in informal STEM learning.’’. merce may carry out a grant program to and (b) USE OF FUNDS.—Section 3(b) of the identify the need for skilled science, tech- (4) by adding at the end the following: STEM Education Act of 2015 (42 U.S.C. nology, engineering, and mathematics (re- ‘‘(E) are promoted widely, especially 1862q(b)) is amended— ferred to in this section as ‘STEM’) workers among individuals identified in sections 33 (1) in paragraph (1), by striking ‘‘; and’’ and and to expand STEM apprenticeship pro- and 34 of the Science and Engineering Equal inserting a semicolon; grams. Opportunities Act (42 U.S.C. 1885a, 1885b); (2) in paragraph (2), by striking the period ‘‘(b) ELIGIBLE RECIPIENT DEFINED.—In this and’’. at the end and inserting a semicolon; and section, the term ‘eligible recipient’ means— (c) METRICS.—Section 4002 of the America (3) by adding at the end the following: ‘‘(1) a State; COMPETES Act (33 U.S.C. 893a) is amended— ‘‘(3) fostering on-going partnerships be- ‘‘(2) an Indian tribe; (1) by redesignating subsections (d) and (e) tween institutions involved in informal ‘‘(3) a city or other political subdivision of as subsections (e) and (f), respectively; and STEM learning, institutions of higher edu- a State; (2) by adding after section (c) the fol- cation, and education research centers; and ‘‘(4) an entity that— lowing: ‘‘(4) developing, and making available in- ‘‘(A) is a nonprofit organization, an insti- ‘‘(d) METRICS.—In executing the National formal STEM education activities and edu- tution of higher education, a public-private Oceanic and Atmospheric Administration cational materials.’’. partnership, a science or research park, a science education plan under subsection (c),

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00162 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7093 the Administrator shall maintain a com- (B) in paragraph (2)(A), by inserting (I) by striking ‘‘a prize’’ and inserting ‘‘a prehensive system for evaluating the Admin- ‘‘prize’’ before ‘‘competition’’ each place it cash prize purse or a non-cash prize award’’; istration’s educational programs and activi- appears; and ties. In so doing, the Administrator shall en- (C) by redesignating paragraph (3) as para- (II) by striking ‘‘Science and Technology’’ sure that such education programs have graph (4); and and inserting ‘‘Science, Space, and Tech- measurable objectives and milestones as well (D) by inserting after paragraph (2) the fol- nology’’; and as clear, documented metrics for evaluating lowing: (ii) in subparagraph (B), by striking ‘‘cash programs. For each such education program ‘‘(3) WAIVERS.— prizes’’ and inserting ‘‘cash prize purses or or portfolio of similar programs, the Admin- ‘‘(A) IN GENERAL.—An agency may waive non-cash prize awards’’; istrator shall— the requirement under paragraph (2). (10) in subsection (n)— ‘‘(1) encourage the collection of evidence as ‘‘(B) LIST.—The Director shall include a (A) in the heading, by striking ‘‘SERVICE’’ relevant to the measurable objectives and list of all of the waivers granted under this and inserting ‘‘SERVICES’’; milestones; and paragraph during the preceding fiscal year, (B) by striking ‘‘the date of the enactment ‘‘(2) ensure that program or portfolio eval- including a detailed explanation of the rea- of the America COMPETES Reauthorization uations focus on educational outcomes and son for granting the waiver.’’; Act of 2010,’’ and inserting ‘‘the date of en- not just inputs, activities completed, or the (6) in subsection (j)— actment of the American Innovation and number of participants.’’. (A) in paragraph (1), by inserting ‘‘prize’’ Competitiveness Act,’’; and SEC. 315. HISPANIC-SERVING INSTITUTIONS UN- before ‘‘competition’’; and (C) by inserting ‘‘for both for-profit and DERGRADUATE PROGRAM UPDATE. (B) by amending paragraph (2) to read as nonprofit entities and State, United States (a) IN GENERAL.—Section 7033(a) of the follows: territory, local, and tribal government enti- America COMPETES Act (42 U.S.C. 1862o– ‘‘(2) LICENSES.—As appropriate and to fur- ties,’’ after ‘‘contract vehicle’’; 12(a)) is amended as follows: ther the goals of a prize competition, the (11) in subsection (o)(1), by striking ‘‘or ‘‘(a) IN GENERAL.—The Director shall Federal Government may negotiate a license providing a prize’’ and inserting ‘‘a prize award grants on a competitive, merit-re- for the use of intellectual property developed competition or providing a cash prize purse viewed basis to Hispanic-serving institutions by a registered participant in a prize com- or non-cash prize award’’; and (as defined in section 502 of the Higher Edu- petition.’’; (12) in subsection (p)— cation Act of 1965 (20 U.S.C. 1101a)) to en- (7) in subsection (k)— (A) in the heading, by striking ‘‘ANNUAL’’ hance the quality of undergraduate STEM (A) in paragraph (1), by striking ‘‘each and inserting ‘‘BIENNIAL’’; education at such institutions and to in- competition’’ and inserting ‘‘each prize com- (B) in paragraph (1)— crease the retention and graduation rates of petition’’ each place it appears; (i) by striking ‘‘each year’’ and inserting students pursuing associate’s or bacca- (B) in paragraph (2)(A), by inserting ‘‘every other year’’; laureate degrees in science, technology, en- ‘‘prize’’ before ‘‘competition’’; and (ii) by striking ‘‘Science and Technology’’ gineering, and mathematics.’’. (C) in paragraph (3), by inserting ‘‘prize’’ and inserting ‘‘Science, Space, and Tech- before ‘‘competitions’’ each place it appears; (b) SAVINGS PROVISION.—The amendment nology’’; and made by subsection (a) of this section shall (8) in subsection (l), by striking ‘‘an agree- (iii) by striking ‘‘fiscal year’’ and inserting not affect any award of a grant or other form ment with’’ and all that follows through the ‘‘2 fiscal years’’; and period at the end and inserting ‘‘a grant, of financial assistance made under section (C) in paragraph (2)— contract, cooperative agreement, or other 7033 of the America COMPETES Act (42 (i) by striking ‘‘The report for a fiscal agreement with a private sector for-profit or U.S.C. 1862o–12) before the date of enactment year’’ and inserting ‘‘A report’’; nonprofit entity or State or local govern- of this Act. Such awards shall continue to be (ii) in subparagraph (C)— ment agency to administer the prize com- subject to the requirements to which such (I) in the heading, by striking ‘‘PRIZES’’ petition, subject to the provisions of this funds were subject under that section before and inserting ‘‘PRIZE PURSES OR NON-CASH section.’’; the date of enactment of this Act. PRIZE AWARDS’’; and (9) in subsection (m)— (II) by striking ‘‘cash prizes’’ each place it TITLE IV—LEVERAGING THE PRIVATE (A) by amending paragraph (1) to read as appears and inserting ‘‘cash prize purses or SECTOR follows: non-cash prize awards’’; and SEC. 401. PRIZE COMPETITION AUTHORITY UP- ‘‘(1) IN GENERAL.—Support for a prize com- DATE. petition under this section, including finan- (iii) by adding at the end the following: (a) SHORT TITLE.—This section may be cial support for the design and administra- ‘‘(G) PLAN.—A description of crosscutting cited as the ‘‘Science Prize Competition tion of a prize competition or funds for a topical areas and agency-specific mission Act’’. cash prize purse, may consist of Federal ap- needs that may be the strongest opportuni- (b) IN GENERAL.—Section 24 of the Steven- propriated funds and funds provided by pri- ties for prize competitions during the upcom- son-Wydler Technology Innovation Act of vate sector for-profit and nonprofit entities. ing 2 fiscal years.’’. 1980 (15 U.S.C. 3719) is amended— The head of an agency may request and ac- SEC. 402. CROWDSOURCING AND CITIZEN (1) in subsection (c)— cept funds from other Federal agencies, SCIENCE. (A) in the subsection heading, by striking State, United States territory, local, or trib- (a) SHORT TITLE.—This section may be ‘‘PRIZES’’ and by inserting ‘‘PRIZE COMPETI- al government agencies, private sector for- cited as the ‘‘Crowdsourcing and Citizen TIONS’’; profit entities, and nonprofit entities, to be Science Act’’. (B) in the matter preceding paragraph (1), available to the extent provided by appro- by striking ‘‘prize may be one or more of the priations Acts, to support such prize com- (b) SENSE OF CONGRESS.—It is the sense of following’’ and inserting ‘‘prize competition petitions. The head of an agency may not Congress that— may be 1 or more of the following types of give any special consideration to any agency (1) the authority granted to Federal agen- activities’’; or entity in return for a donation.’’; cies under the America COMPETES Reau- (C) in paragraph (2), by inserting ‘‘competi- (B) in paragraph (2), by striking ‘‘prize thorization Act of 2010 (Public Law 111–358; tion’’ after ‘‘prize’’; and awards’’ and inserting ‘‘cash prize purses or 124 Stat. 3982) to pursue the use of incentive (D) in paragraphs (3) and (4), by striking non-cash prize awards’’; prizes and challenges has yielded numerous ‘‘prizes’’ and inserting ‘‘prize competitions’’; (C) in paragraph (3)— benefits; (2) in subsection (f)— (i) by amending subparagraph (A) to read (2) crowdsourcing and citizen science (A) in the matter preceding paragraph (1), as follows: projects have a number of additional unique by striking ‘‘in the Federal Register’’ and in- ‘‘(A) ANNOUNCEMENT.—No prize competi- benefits, including accelerating scientific re- serting ‘‘on a publicly accessible Govern- tion may be announced under subsection (f) search, increasing cost effectiveness to maxi- ment website, such as www.challenge.gov,’’; until all the funds needed to pay out the an- mize the return on taxpayer dollars, address- (B) in paragraphs (1), (2), and (3), by insert- nounced amount of the cash prize purse have ing societal needs, providing hands-on learning ‘‘prize’’ before ‘‘competition’’; and been appropriated or committed in writing ing in STEM, and connecting members of the (C) in paragraph (4), by striking ‘‘prize’’ by a private or State, United States terri- public directly to Federal science agency and inserting ‘‘cash prize purse or non-cash tory, local, or tribal government source.’’; missions and to each other; and prize award’’; and (3) granting Federal science agencies the (3) in subsection (g)— (ii) in subparagraph (B)— direct, explicit authority to use (A) in the matter preceding paragraph (1), (I) in the matter preceding clause (i), by crowdsourcing and citizen science will en- by striking ‘‘prize’’ and inserting ‘‘cash prize striking ‘‘a prize’’ and inserting ‘‘a cash courage its appropriate use to advance Fed- purse’’; and prize purse or non-cash prize award’’; eral science agency missions and stimulate (B) in paragraph (1), by inserting ‘‘prize’’ (II) in clause (i), by inserting ‘‘competi- and facilitate broader public participation in before ‘‘competition’’; tion’’ after ‘‘prize’’; and the innovation process, yielding numerous (4) in subsection (h), by inserting ‘‘prize’’ (III) in clause (ii), by inserting ‘‘or State, benefits to the Federal Government and citi- before ‘‘competition’’ each place it appears; United States territory, local, or tribal gov- zens who participate in such projects. (5) in subsection (i)— ernment’’ after ‘‘private’’; and (c) DEFINITIONS.—In this section: (A) in paragraph (1)(B), by inserting (D) in paragraph (4)— (1) CITIZEN SCIENCE.—The term ‘‘citizen ‘‘prize’’ before ‘‘competition’’; (i) in subparagraph (A)— science’’ means a form of open collaboration

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00163 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7094 CONGRESSIONAL RECORD — SENATE December 9, 2016 in which individuals or organizations par- a machine readable format, unless prohibited under this section, including by specifying ticipate voluntarily in the scientific process by law. the appropriate contract vehicles and tech- in various ways, including— (B) NOTICE.—As part of the consent proc- nology and organizational platforms to en- (A) enabling the formulation of research ess, the Federal science agency shall notify hance the ability of Federal science agencies questions; all participants— to carry out the projects under this section. (B) creating and refining project design; (i) of the expected uses of the data com- (B) ADDITIONAL GUIDANCE.—The head of (C) conducting scientific experiments; piled through the project; each Federal science agency engaged in (D) collecting and analyzing data; (ii) if the Federal science agency will re- crowdsourcing or citizen science under this (E) interpreting the results of data; tain ownership of such data; section may— (F) developing technologies and applica- (iii) if and how the data and results from (i) consult any guidance provided by the tions; the project would be made available for pub- Director of the Office of Science and Tech- (G) making discoveries; and lic or third party use; and nology Policy, including the Federal (H) solving problems. (iv) if participants are authorized to pub- Crowdsourcing and Citizen Science Toolkit; (2) CROWDSOURCING.—The term lish such data. (ii) designate a coordinator for that Fed- ‘‘crowdsourcing’’ means a method to obtain (7) TECHNOLOGIES AND APPLICATIONS.—Fed- eral science agency’s crowdsourcing and cit- needed services, ideas, or content by solic- eral science agencies shall endeavor to make izen science projects; and iting voluntary contributions from a group technologies, applications, code, and deriva- (iii) share best practices with other Fed- of individuals or organizations, especially tions of such intellectual property developed eral agencies, including participation of staff from an online community. through a crowdsourcing or citizen science in the Federal Community of Practice for (3) PARTICIPANT.—The term ‘‘participant’’ project under this section available to the Crowdsourcing and Citizen Science. public. means any individual or other entity that (e) REPORT.— (8) LIABILITY.—Each participant in a has volunteered in a crowdsourcing or cit- (1) IN GENERAL.—Not later than 2 years izen science project under this section. crowdsourcing or citizen science project after the date of the enactment of this Act, under this section shall agree— (d) CROWDSOURCING AND CITIZEN SCIENCE.— the Director of the Office of Science and (A) to assume any and all risks associated (1) IN GENERAL.—The head of each Federal Technology Policy shall include, as a compo- with such participation; and nent of an annual report required under sec- science agency, or the heads of multiple Fed- (B) to waive all claims against the Federal tion 24(p) of the Stevenson-Wydler Tech- eral science agencies working cooperatively, Government and its related entities, except nology Innovation Act of 1980 (15 U.S.C. may utilize crowdsourcing and citizen for claims based on willful misconduct, for 3719(p)), a report on the projects and activi- science to conduct projects designed to ad- any injury, death, damage, or loss of prop- ties carried out under this section. vance the mission of the respective Federal erty, revenue, or profits (whether direct, in- (2) INFORMATION INCLUDED.—The report re- science agency or the joint mission of Fed- direct, or consequential) arising from par- quired under paragraph (1) shall include— eral science agencies, as applicable. ticipation in the project. (A) a summary of each crowdsourcing and (2) VOLUNTARY SERVICES.—Notwithstanding (9) RESEARCH MISCONDUCT.—Federal science citizen science project conducted by a Fed- section 1342 of title 31, United States Code, agencies coordinating crowdsourcing or cit- the head of a Federal science agency may ac- izen science projects under this section shall eral science agency during the most recently cept, subject to regulations issued by the Di- make all practicable efforts to ensure that completed 2 fiscal years, including a descrip- rector of the Office of Personnel Manage- participants adhere to all relevant Federal tion of the proposed goals of each ment, in coordination with the Director of research misconduct policies and other ap- crowdsourcing and citizen science project; the Office of Science and Technology Policy, plicable ethics policies. (B) an analysis of why the utilization of a crowdsourcing or citizen science project services from participants under this section (10) MULTI-SECTOR PARTNERSHIPS.—The if such services— head of each Federal science agency engaged summarized in subparagraph (A) was the (A) are performed voluntarily as a part of in crowdsourcing or citizen science under preferable method of achieving the goals de- a crowdsourcing or citizen science project this section, or the heads of multiple Federal scribed in subparagraph (A) as opposed to authorized under paragraph (1); science agencies working cooperatively, may other authorities available to the Federal (B) are not financially compensated for enter into a contract or other agreement to science agency, such as contracts, grants, co- their time; and share administrative duties for such projects operative agreements, and prize competi- (C) will not be used to displace any em- with— tions; ployee of the Federal Government. (A) a for profit or nonprofit private sector (C) the participation rates, submission lev- (3) OUTREACH.—The head of each Federal entity, including a private institution of els, number of consents, and any other sta- science agency engaged in a crowdsourcing higher education; tistic that might be considered relevant in or citizen science project under this section (B) a State, tribal, local, or foreign govern- each crowdsourcing and citizen science shall make public and promote such project ment agency, including a public institution project; to encourage broad participation. of higher education; or (D) a detailed description of— (4) CONSENT, REGISTRATION, AND TERMS OF (C) a public-private partnership. (i) the resources, including personnel and USE.— (11) FUNDING.—In carrying out funding, that were used in the execution of (A) IN GENERAL.—Each Federal science crowdsourcing and citizen science projects each crowdsourcing and citizen science agency shall determine the appropriate level under this section, the head of a Federal project; of consent, registration, or acknowledgment science agency, or the heads of multiple Fed- (ii) the project activities for which such re- of the terms of use that are required from eral science agencies working coopera- sources were used; and participants in crowdsourcing or citizen tively— (iii) how the obligations and expenditures science projects under this section on a per- (A) may use funds appropriated by Con- relating to the project’s execution were allo- project basis. gress; cated among the accounts of the Federal (B) DISCLOSURES.—In seeking consent, con- (B) may publicize projects and solicit and science agency, including a description of ducting registration, or developing terms of accept funds or in-kind support for such the amount and source of all funds, private, use for a project under this subsection, a projects, to be available to the extent pro- public, and in-kind, contributed to each Federal science agency shall disclose the pri- vided by appropriations Acts, from— crowdsourcing and citizen science project; vacy, intellectual property, data ownership, (i) other Federal agencies; (E) a summary of the use of crowdsourcing compensation, service, program, and other (ii) for profit or nonprofit private sector and citizen science by all Federal science terms of use to the participant in a clear and entities, including private institutions of agencies, including interagency and multi- reasonable manner. higher education; or sector partnerships; (C) MODE OF CONSENT.—A Federal agency (iii) State, tribal, local, or foreign govern- (F) a description of how each or Federal science agencies, as applicable, ment agencies, including public institutions crowdsourcing and citizen science project ad- may obtain consent electronically or in writ- of higher education; and vanced the mission of each participating ten form from participants under this sec- (C) may not give any special consideration Federal science agency; tion. to any entity described in subparagraph (B) (G) an identification of each crowdsourcing (5) PROTECTIONS FOR HUMAN SUBJECTS.— in return for such funds or in-kind support. or citizen science project where data col- Any crowdsourcing or citizen science project (12) FACILITATION.— lected through such project was not made under this section that involves research in- (A) GENERAL SERVICES ADMINISTRATION AS- available to the public, including the reasons volving human subjects shall be subject to SISTANCE.—The Administrator of the General for such action; and part 46 of title 28, Code of Federal Regula- Services Administration, in coordination (H) any other information that the Direc- tions (or any successor regulation). with the Director of the Office of Personnel tor of the Office of Science and Technology (6) DATA.— Management and the Director of the Office Policy considers relevant. (A) IN GENERAL.—A Federal science agency of Science and Technology Policy, shall, at (f) SAVINGS PROVISION.—Nothing in this shall, where appropriate and to the extent no cost to Federal science agencies, identify section may be construed— practicable, make data collected through a and develop relevant products, training, and (1) to affect the authority to conduct crowdsourcing or citizen science project services to facilitate the use of crowdsourcing and citizen science authorized under this section available to the public, in crowdsourcing and citizen science projects by any other provision of law; or

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00164 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7095

(2) to displace Federal Government re- ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible the programs offered by such colleges and sources allocated to the Federal science entity’ means a United States-based non- schools. agencies that use crowdsourcing or citizen profit institution, or consortium thereof, an ‘‘(e) FINANCIAL ASSISTANCE.— science authorized under this section to institution of higher education, or a State, ‘‘(1) AUTHORIZATION.—Except as provided in carry out a project. United States territory, local, or tribal gov- paragraph (2), the Secretary may provide fi- SEC. 403. NIST DIRECTOR FUNCTIONS UPDATE. ernment. nancial assistance for the creation and sup- Section 2(b) of the National Institute of ‘‘(6) HOLLINGS MANUFACTURING EXTENSION port of a Center through a cooperative agree- Standards and Technology Act (15 U.S.C. PARTNERSHIP OR PROGRAM.—The term ‘Hol- ment with an eligible entity. 272(b)), as amended by section 403 of this Act, lings Manufacturing Extension Partnership’ ‘‘(2) COST SHARING.—The Secretary may is further amended— or ‘Program’ means the program established not provide more than 50 percent of the cap- (1) in the matter preceding paragraph (1), under subsection (b). ital and annual operating and maintenance by striking ‘‘authorized to take’’ and insert- ‘‘(7) MEP ADVISORY BOARD.—The term funds required to establish and support a ing ‘‘authorized to serve as the President’s ‘MEP Advisory Board’ means the Manufac- Center. principal adviser on standards policy per- turing Extension Partnership Advisory ‘‘(3) RULE OF CONSTRUCTION.—For purposes taining to the Nation’s technological com- Board established under subsection (n). of paragraph (2), any amount received by an petitiveness and innovation ability and to ‘‘(b) ESTABLISHMENT AND PURPOSE.—The eligible entity for a Center under a provision take’’; Secretary, acting through the Director and, of law other than paragraph (1) shall not be if appropriate, through other Federal offi- (2) in paragraph (3), by striking ‘‘compare considered an amount provided under para- cials, shall establish a program to provide standards’’ and all that follows through graph (1). assistance for the creation and support of ‘‘Federal Government’’ and inserting ‘‘facili- ‘‘(4) REGULATIONS.—The Secretary may re- manufacturing extension centers for the tate standards-related information sharing vise or promulgate such regulations as nec- transfer of manufacturing technology and and cooperation between Federal agencies’’; essary to carry out this subsection. and best business practices. ‘‘(f) APPLICATIONS.— (3) in paragraph (13), by striking ‘‘Federal, ‘‘(c) OBJECTIVE.—The objective of the Pro- ‘‘(1) IN GENERAL.—An eligible entity shall State, and local’’ and all that follows gram shall be to enhance competitiveness, submit an application to the Secretary at through ‘‘private sector’’ and inserting productivity, and technological performance such time, in such manner, and containing ‘‘technical standards activities and con- in United States manufacturing through— such information as the Secretary may re- formity assessment activities of Federal, ‘‘(1) the transfer of manufacturing tech- quire. State, and local governments with private nology and techniques developed at the In- sector’’. stitute to Centers and, through them, to ‘‘(2) PROGRAM DESCRIPTION.—The Secretary shall establish and update, as necessary— SEC. 404. NIST VISITING COMMITTEE ON AD- manufacturing companies throughout the VANCED TECHNOLOGY UPDATE. United States; ‘‘(A) a description of the Program; Section 10 of the National Institute of ‘‘(2) the participation of individuals from ‘‘(B) the application procedures; Standards and Technology Act (15 U.S.C. 278) industry, institutions of higher education, ‘‘(C) performance metrics; is amended— State governments, other Federal agencies, ‘‘(D) criteria for determining qualified ap- (1) in subsection (a)— and, when appropriate, the Institute in coop- plicants; and (A) in the second sentence, by striking ‘‘15 erative technology transfer activities; ‘‘(E) criteria for choosing recipients of fi- members appointed by the Director, at least ‘‘(3) efforts to make new manufacturing nancial assistance from among the qualified 10 of whom’’ and inserting ‘‘not fewer than 9 technology and processes usable by United applicants. members appointed by the Director, a major- States-based small and medium-sized compa- ‘‘(F) procedures for determining allowable ity of whom’’; and nies; cost share contributions; and (B) in the third sentence, by striking ‘‘Na- ‘‘(4) the active dissemination of scientific, ‘‘(G) such other program policy objectives tional Bureau of Standards’’ and inserting engineering, technical, and management in- and operational procedures as the Secretary ‘‘National Institute of Standards and Tech- formation about manufacturing to industrial considers necessary. nology’’; and firms, including small and medium-sized ‘‘(3) COST SHARING.— (2) in subsection (h)(1), by striking ‘‘, in- manufacturing companies; ‘‘(A) IN GENERAL.—To be considered for fi- cluding the Program established under sec- ‘‘(5) the utilization, when appropriate, of nancial assistance under this section, an ap- tion 28,’’. the expertise and capability that exists in plicant shall provide adequate assurances TITLE V—MANUFACTURING Federal agencies, other than the Institute, that the applicant and if applicable, the ap- and federally-sponsored laboratories; plicant’s partnering organizations, will ob- SEC. 501. HOLLINGS MANUFACTURING EXTEN- tain funding for not less than 50 percent of SION PARTNERSHIP IMPROVE- ‘‘(6) the provision to community colleges MENTS. and area career and technical education the capital and annual operating and main- (a) SHORT TITLE.—This section may be schools of information about the job skills tenance funds required to establish and sup- cited as the ‘‘Manufacturing Extension Part- needed in manufacturing companies, includ- port the Center from sources other than the nership Improvement Act’’. ing small and medium-sized manufacturing financial assistance provided under sub- (b) IN GENERAL.—Section 25 of the National businesses in the regions they serve; section (e). Institute of Standards and Technology Act ‘‘(7) the promotion and expansion of cer- ‘‘(B) AGREEMENTS WITH OTHER ENTITIES.—In (15 U.S.C. 278k) is amended to read as fol- tification systems offered through industry, meeting the cost-sharing requirement under lows: associations, and local colleges when appro- subparagraph (A), an eligible entity may ‘‘SEC. 25. HOLLINGS MANUFACTURING EXTEN- priate, including efforts such as facilitating enter into an agreement with 1 or more SION PARTNERSHIP. training, supporting new or existing appren- other entities, such as a private industry, in- ‘‘(a) DEFINITIONS.—In this section: ticeships, and providing access to informa- stitutions of higher education, or a State, ‘‘(1) APPROPRIATE COMMITTEES OF CON- tion and experts, to address workforce needs United States territory, local, or tribal gov- GRESS.—The term ‘appropriate committees and skills gaps in order to assist small- and ernment for the contribution by that other of Congress’ means— medium-sized manufacturing businesses; and entity of funding if the Secretary determines ‘‘(A) the Committee on Commerce, ‘‘(8) the growth in employment and wages the agreement— Science, and Transportation of the Senate; at United States-based small and medium- ‘‘(i) is programmatically reasonable; and sized companies. ‘‘(ii) will help accomplish programmatic ‘‘(B) the Committee on Science, Space, and ‘‘(d) ACTIVITIES.—The activities of a Center objectives; and Technology of the House of Representatives. shall include— ‘‘(iii) is allocable under Program proce- ‘‘(2) AREA CAREER AND TECHNICAL EDU- ‘‘(1) the establishment of automated manu- dures under subsection (f)(2). CATION SCHOOL.—The term ‘area career and facturing systems and other advanced pro- ‘‘(4) LEGAL RIGHTS.—Each applicant shall technical education school’ has the meaning duction technologies, based on Institute-sup- include in the application a proposal for the given the term in section 3 of the Vocational ported research, for the purpose of dem- allocation of the legal rights associated with Education Act of 1963 (20 U.S.C. 2302). onstrations and technology transfer; any intellectual property which may result ‘‘(3) CENTER.—The term ‘Center’ means a ‘‘(2) the active transfer and dissemination from the activities of the Center. manufacturing extension center that— of research findings and Center expertise to ‘‘(5) MERIT REVIEW OF APPLICATIONS.— ‘‘(A) is created under subsection (b); and a wide range of companies and enterprises, ‘‘(A) IN GENERAL.—The Secretary shall sub- ‘‘(B) is affiliated with an eligible entity particularly small and medium-sized manu- ject each application to merit review. that applies for and is awarded financial sup- facturers; and ‘‘(B) CONSIDERATIONS.—In making a deci- port under subsection (e). ‘‘(3) the facilitation of collaborations and sion whether to approve an application and ‘‘(4) COMMUNITY COLLEGE.—The term ‘com- partnerships between small and medium- provide financial assistance under subsection munity college’ means an institution of sized manufacturing companies , community (e), the Secretary shall consider, at a min- higher education (as defined under section colleges, and area career and technical edu- imum— 101(a) of the Higher Education Act of 1965 (20 cation schools, to help those entities better ‘‘(i) the merits of the application, particu- U.S.C. 1001(a))) at which the highest degree understand the specific needs of manufactur- larly those portions of the application re- that is predominately awarded to students is ers and to help manufacturers better under- garding technology transfer, training and an associate’s degree. stand the skill sets that students learn in education, and adaptation of manufacturing

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00165 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7096 CONGRESSIONAL RECORD — SENATE December 9, 2016

technologies to the needs of particular indus- ‘‘(6) FAILURE TO REMEDY.— ‘‘(i) The membership of each board shall be trial sectors; ‘‘(A) IN GENERAL.—If a Center fails to rem- representative of stakeholders in the region ‘‘(ii) the quality of service to be provided; edy a deficiency or to show significant im- in which the Center is located. ‘‘(iii) the geographical diversity and extent provement in performance before the end of ‘‘(ii) A majority of the members of the of the service area; and the probation period under paragraph (5), the board shall be selected from among individ- ‘‘(iv) the type and percentage of funding Secretary shall conduct a competition to se- uals who own or are employed by small or and in-kind commitment from other sources lect an operator for the Center under sub- medium-sized manufacturers. under paragraph (3). section (h). ‘‘(B) LIMITATION.—A member of a board es- ‘‘(g) EVALUATIONS.— ‘‘(B) TREATMENT OF CENTERS SUBJECT TO tablished under paragraph (1) may not serve ‘‘(1) THIRD AND EIGHTH YEAR EVALUATIONS NEW COMPETITION.—Upon the selection of an on more than 1 board established under that BY PANEL.— operator for a Center under subsection (h), paragraph. ‘‘(A) IN GENERAL.—The Secretary shall en- the Center shall be considered a new Center ‘‘(4) BYLAWS.— sure that each Center is evaluated during its and the calculation of the years of operation ‘‘(A) IN GENERAL.—Each board established third and eighth years of operation by an of that Center for purposes of paragraphs (1) under paragraph (1) shall adopt and submit evaluation panel appointed by the Secretary. through (5) of this subsection and subsection to the Director bylaws to govern the oper- ‘‘(B) COMPOSITION.—The Secretary shall en- (h)(1) shall start anew. ation of the board. sure that each evaluation panel appointed ‘‘(h) REAPPLICATION COMPETITION FOR FI- ‘‘(B) CONFLICTS OF INTEREST.—Bylaws under subparagraph (A) is composed of— NANCIAL ASSISTANCE AFTER 10 YEARS.— adopted under subparagraph (A) shall include ‘‘(i) private experts, none of whom are con- ‘‘(1) IN GENERAL.—If an eligible entity has policies to minimize conflicts of interest, in- nected with the Center evaluated by the operated a Center under this section for a pe- cluding such policies relating to disclosure panel; and riod of 10 consecutive years, the Secretary of relationships and recusal as may be nec- ‘‘(ii) Federal officials. shall conduct a competition to select an eli- essary to minimize conflicts of interest. ‘‘(C) CHAIRPERSON.—For each evaluation gible entity to operate the Center in accord- ‘‘(l) ACCEPTANCE OF FUNDS.—In addition to panel appointed under subparagraph (B), the such sums as may be appropriated to the ance with the process plan under subsection Secretary shall appoint a chairperson who is Secretary and Director to operate the Pro- (i). an official of the Institute. gram, the Secretary and Director may also ‘‘(2) INCUMBENT ELIGIBLE ENTITIES.—An eli- ‘‘(2) FIFTH YEAR EVALUATIONS BY SEC- accept funds from other Federal departments gible entity that has received financial as- RETARY.—In the fifth year of operation of a and agencies and from the private sector sistance under this section for a period of 10 Center, the Secretary shall conduct a review under section 2(c)(7) of this Act (15 U.S.C. consecutive years and that the Secretary de- of the Center. 272(c)(7)), to be available to the extent pro- termines is in good standing shall be eligible ‘‘(3) PERFORMANCE MEASUREMENT.—In eval- vided by appropriations Acts, for the purpose to compete in the competition under para- uating a Center an evaluation panel or the of strengthening United States manufac- graph (1). Secretary, as applicable, shall measure the turing. REATMENT OF CENTERS SUBJECT TO RE- performance of the Center against— ‘‘(3) T ‘‘(m) MEP ADVISORY BOARD.— ‘‘(A) the objective specified in subsection APPLICATION COMPETITION.—Upon the selec- ‘‘(1) ESTABLISHMENT.—There is established (c); tion of an operator for a Center under para- within the Institute a Manufacturing Exten- ‘‘(B) the performance metrics under sub- graph (1), the Center shall be considered a sion Partnership Advisory Board. section (f)(2)(C); and new Center and the calculation of the years ‘‘(2) MEMBERSHIP.— ‘‘(C) such other criterion as considered ap- of operation of that Center for purposes of ‘‘(A) COMPOSITION.— propriate by the Secretary. paragraphs (1) through (5) of subsection (g) ‘‘(i) IN GENERAL.—The MEP Advisory Board ‘‘(4) POSITIVE EVALUATIONS.—If an evalua- shall start anew. shall consist of not fewer than 10 members tion of a Center is positive, the Secretary ‘‘(i) PROCESS PLAN.—Not later than 180 appointed by the Director and broadly rep- may continue to provide financial assistance days after the date of the enactment of the resentative of stakeholders. for the Center— American Innovation and Competitiveness ‘‘(ii) REQUIREMENTS.—Of the members ap- ‘‘(A) in the case of an evaluation occurring Act, the Secretary shall implement and sub- pointed under clause (i)— in the third year of a Center, through the mit to Congress a plan for how the Institute ‘‘(I) at least 2 members shall be employed fifth year of the Center; will conduct an evaluation, competition, and by or on an advisory board for a Center; ‘‘(B) in the case of an evaluation occurring reapplication competition under this sec- ‘‘(II) at least 5 members shall be from in the fifth year of a Center, through the tion. United States small businesses in the manu- eighth year of the Center; and ‘‘(j) OPERATIONAL REQUIREMENTS.— facturing sector; and ‘‘(C) in the case of an evaluation occurring ‘‘(1) PROTECTION OF CONFIDENTIAL INFORMA- ‘‘(III) at least 1 member shall represent a in the eighth year of a Center, through the TION OF CENTER CLIENTS.—The following in- community college. tenth year of the Center. formation, if obtained by the Federal Gov- ‘‘(iii) LIMITATION.—No member of the MEP ‘‘(5) OTHER THAN POSITIVE EVALUATIONS.— ernment in connection with an activity of a Advisory Board shall be an employee of the ‘‘(A) PROBATION.—If an evaluation of a Cen- Center or the Program, shall be exempt from Federal Government. ter is other than positive, the Secretary public disclosure under section 552 of title 5, ‘‘(B) TERM.—Except as provided in subpara- shall put the Center on probation during the United States Code: graph (C), the term of office of each member period beginning on the date that the Center ‘‘(A) Information on the business operation of the MEP Advisory Board shall be 3 years. receives notice under subparagraph (B)(i) of any participant in the Program or of a cli- ‘‘(C) VACANCIES.—Any member appointed and ending on the date that the reevaluation ent of a Center. to fill a vacancy occurring prior to the expi- is complete under subparagraph (B)(iii). ‘‘(B) Trade secrets of any client of a Cen- ration of the term for which his predecessor ‘‘(B) NOTICE AND REEVALUATION.—If a Cen- ter. was appointed shall be appointed for the re- ter receives an evaluation that is other than ‘‘(k) OVERSIGHT BOARDS.— mainder of such term. positive, the evaluation panel or Secretary, ‘‘(1) IN GENERAL.—As a condition on receipt ‘‘(D) SERVING CONSECUTIVE TERMS.—Any as applicable, shall— of financial assistance for a Center under person who has completed 2 consecutive full ‘‘(i) notify the Center of the reason, includ- subsection (e), an eligible entity shall estab- terms of service on the MEP Advisory Board ing any deficiencies in the performance of lish a board to oversee the operations of the shall thereafter be ineligible for appoint- the Center identified during the evaluation; Center. ment during the 1-year period following the ‘‘(ii) assist the Center in remedying the de- ‘‘(2) STANDARDS.— expiration of the second such term. ficiencies by providing the Center, not less ‘‘(A) IN GENERAL.—The Director shall es- ‘‘(3) MEETINGS.—The MEP Advisory Board frequently than once every 3 months, an tablish appropriate standards for each board shall— analysis of the Center, if considered appro- described under paragraph (1). ‘‘(A) meet not less than biannually; and priate by the panel or Secretary, as applica- ‘‘(B) CONSIDERATIONS.—In establishing the ‘‘(B) provide to the Director— ble; and standards, the Director shall take into ac- ‘‘(i) advice on the activities, plans, and ‘‘(iii) reevaluate the Center not later than count the type and organizational structure policies of the Program; 1 year after the date of the notice under of an eligible entity. ‘‘(ii) assessments of the soundness of the clause (i). ‘‘(C) REQUIREMENTS.—The standards shall plans and strategies of the Program; and ‘‘(C) CONTINUED SUPPORT DURING PERIOD OF address— ‘‘(iii) assessments of current performance PROBATION.— ‘‘(i) membership; against the plans of the Program. ‘‘(i) IN GENERAL.—The Secretary may con- ‘‘(ii) composition; ‘‘(4) FACA APPLICABILITY.— tinue to provide financial assistance under ‘‘(iii) term limits; ‘‘(A) IN GENERAL.—In discharging its duties subsection (e) for a Center during the proba- ‘‘(iv) conflicts of interest; and under this subsection, the MEP Advisory tion period. ‘‘(v) such other requirements as the Direc- Board shall function solely in an advisory ‘‘(ii) POST PROBATION.—After the period of tor considers necessary. capacity, in accordance with the Federal Ad- probation, the Secretary shall not provide ‘‘(3) MEMBERSHIP.— visory Committee Act (5 U.S.C. App.). any financial assistance unless the Center ‘‘(A) IN GENERAL.—Each board established ‘‘(B) EXCEPTION.—Section 14 of the Federal has received a positive evaluation under sub- under paragraph (1) shall be composed of Advisory Committee Act shall not apply to paragraph (B)(iii). members as follows: the MEP Advisory Board.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00166 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7097

‘‘(5) ANNUAL REPORT.— ‘‘(2) GEOGRAPHIC DIVERSITY.—The Director Technology Act (15 U.S.C. 278k)) operating ‘‘(A) IN GENERAL.—At a minimum, the MEP shall endeavor to have broad geographic di- from new competitions or recompetition as Advisory Board shall transmit an annual re- versity among selected proposals. compared to longstanding Centers. port to the Secretary for transmittal to Con- ‘‘(3) CRITERIA.—The Director shall select (B) CONTENTS.—The report shall provide gress not later than 30 days after the submis- applications to receive awards that the Di- detail on the engagement in services pro- sion to Congress of the President’s annual rector determines will achieve 1 or more of vided by Centers and the characteristics of budget under section 1105 of title 31, United the following: services provided, including volume and type States Code. ‘‘(A) Improve the competitiveness of indus- of services, so that the appropriate commit- ‘‘(B) CONTENTS.—The report shall address tries in the region in which the Center or tees of Congress can evaluate whether the the status of the Program and describe the Centers are located. cost-sharing ratio has an effect on the serv- relevant sections of the programmatic plan- ‘‘(B) Create jobs or train newly hired em- ices provided at Centers. ning document and updates thereto trans- ployees. (e) CONFORMING AMENDMENTS.— mitted to Congress by the Director under ‘‘(C) Promote the transfer and commer- (1) DEFINITIONS.—Section 2199(3) of title 10, subsections (c) and (d) of section 23 (15 U.S.C. cialization of research and technology from United States Code, is amended— 278i). institutions of higher education, national (A) by striking ‘‘regional center’’ and in- ‘‘(n) SMALL MANUFACTURERS.— laboratories or other federally funded re- serting ‘‘manufacturing extension center’’; ‘‘(1) EVALUATION OF OBSTACLES.—As part of search programs, and nonprofit research in- (B) by inserting ‘‘and best business prac- the Program, the Director shall— stitutes. tices’’ before ‘‘referred’’; and ‘‘(A) identify obstacles that prevent small ‘‘(D) Recruit a diverse manufacturing (C) by striking ‘‘25(a)’’ and inserting manufacturers from effectively competing in workforce, including through outreach to ‘‘25(b)’’. the global market; underrepresented populations, including in- (2) ENTERPRISE INTEGRATION INITIATIVE.— ‘‘(B) implement a comprehensive plan to dividuals identified in section 33 or section Section 3(a) of the Enterprise Integration train the Centers to address the obstacles 34 of the Science and Engineering Equal Op- Act of 2002 (15 U.S.C. 278g-5(a)) is amended by identified in paragraph (2); and portunities Act (42 U.S.C. 1885a, 1885b). inserting ‘‘Hollings’’ before ‘‘Manufacturing ‘‘(C) facilitate improved communication ‘‘(E) Such other result as the Director de- Extension Partnership’’. between the Centers to assist such manufac- termines will advance the objective set forth (3) ASSISTANCE TO STATE TECHNOLOGY PRO- turers in implementing appropriate, targeted in section 25(c) (15 U.S.C. 278k) or in section GRAMS.—Section 26(a) of the National Insti- solutions to the obstacles identified in para- 26 (15 U.S.C. 278l). tute of Standards and Technology Act (15 graph (2). ‘‘(f) PROGRAM CONTRIBUTION.—Recipients of U.S.C. 278l(a)) is amended by striking ‘‘Cen- ‘‘(2) DEVELOPMENT OF OPEN ACCESS RE- awards under this section shall not be re- ters program created’’ and inserting ‘‘Hol- SOURCES.—As part of the Program, the Sec- quired to provide a matching contribution. lings Manufacturing Extension Partner- retary shall develop open access resources ‘‘(g) GLOBAL MARKETPLACE PROJECTS.—In ship’’. that address best practices related to inven- making an award under this section, the Di- (f) SAVINGS PROVISIONS.—Notwithstanding tory sourcing, supply chain management, rector, in consultation with the MEP Advi- the amendments made by subsections (a) and manufacturing techniques, available Federal sory Board and the Secretary, may take into (b) of this section, the Secretary of Com- resources, and other topics to further the consideration whether an application has merce may carry out section 25 of the Na- competitiveness and profitability of small significant potential for enhancing the com- tional Institute of Standards and Technology manufacturers.’’. petitiveness of small and medium-sized Act (15 U.S.C. 278k) as that section was in ef- (c) COMPETITIVE AWARDS PROGRAM.—The United States manufacturers in the global fect on the day before the date of enactment National Institute of Standards and Tech- marketplace. of this Act, with respect to existing grants, nology Act (15 U.S.C. 271 et seq.) is amended ‘‘(h) DURATION.—The duration of an award agreements, cooperative agreements, or con- by inserting after section 25 the following: under this section shall be for not more than tracts, and with respect to applications for ‘‘SEC. 25A. COMPETITIVE AWARDS PROGRAM. 3 years. such items that are received by the Sec- ‘‘(i) DEFINITIONS.—The terms used in this ‘‘(a) ESTABLISHMENT.—The Director shall retary prior to the date of enactment of this section have the meanings given the terms establish within the Hollings Manufacturing Act. in section 25 (15 U.S.C. 278k).’’. Extension Partnership under section 25 (15 (g) PATENT RIGHTS.—The provisions of (d) REPORTS.— U.S.C. 278k) and section 26 (15 U.S.C. 278l) a chapter 18 of title 35, United States Code, (1) IN GENERAL.—Not later than 2 years program of competitive awards among par- after the date of enactment of this Act, the shall apply, to the extent not inconsistent ticipants described in subsection (b) of this Comptroller General of the United States, in with section 25 of the National Institute of section for the purposes described in sub- consultation with the MEP Advisory Board Standards and Technology Act (15 U.S.C. section (c). (as defined in section 25 of the National In- 278k) and section 25 of that Act, to the pro- ‘‘(b) PARTICIPANTS.—Participants receiving motion of technology from research by Cen- awards under this section shall be Centers, stitute of Standards and Technology Act (15 U.S.C. 278k)), shall submit to the appropriate ters under those sections, except for con- or a consortium of Centers. tracts for such specific technology extension ‘‘(c) PURPOSE, THEMES, AND REIMBURSE- committees of Congress a report analyzing— (A) the effectiveness of the changes in the or transfer services as may be specified by MENT.— the Director of NIST or under other law. ‘‘(1) PURPOSE.—The purpose of the program cost share to Centers under section 25 of the TITLE VI—INNOVATION AND established under subsection (a) is to add ca- National Institute of Standards and Tech- TECHNOLOGY TRANSFER pabilities to the Hollings Manufacturing Ex- nology Act (15 U.S.C. 278k); tension Partnership, including the develop- (B) the engagement in services and the SEC. 601. INNOVATION CORPS. ment of projects to solve new or emerging characteristics of services provided by 2 (a) FINDINGS.—Congress makes the fol- manufacturing problems as determined by types of Centers, including volume and type lowing findings: the Director, in consultation with the Direc- of service; and (1) The National Science Foundation Inno- tor of the Hollings Manufacturing Extension (C) whether the cost-sharing ratio has any vation Corps (referred to in this section as Partnership, the MEP Advisory Board, other effect on the services provided by either type the ‘‘I-Corps’’) was established to foster a na- Federal agencies, and small and medium- of Center. tional innovation ecosystem by encouraging sized manufacturers. (2) INDEPENDENT ASSESSMENT.— institutions, scientists, engineers, and entre- ‘‘(2) THEMES.—The Director may identify 1 (A) IN GENERAL.—Not later than 3 years preneurs to identify and explore the innova- or more themes for a competition carried out after the date of submission of the report tion and commercial potential of National under this section, which may vary from under paragraph (1), the Director of NIST Science Foundation-funded research well be- year to year, as the Director considers ap- shall contract with an independent organiza- yond the laboratory. propriate after assessing the needs of manu- tion to perform an assessment of the imple- (2) Through I-Corps, the Foundation in- facturers and the success of previous com- mentation of the reapplication competition vests in entrepreneurship and commer- petitions. process. cialization education, training, and men- ‘‘(3) REIMBURSEMENT.—Centers may be re- (B) CONSULTATION.—The independent orga- toring that can ultimately lead to the prac- imbursed for costs incurred by the Centers nization performing the assessment under tical deployment of technologies, products, under this section. subparagraph (A) may consult with the MEP processes, and services that improve the Na- ‘‘(d) APPLICATIONS.—Applications for Advisory Board (as defined in section 25 of tion’s competitiveness, promote economic awards under this section shall be submitted the National Institute of Standards and growth, and benefit society. in such manner, at such time, and con- Technology Act (15 U.S.C. 278k)). (3) By building networks of entrepreneurs, taining such information as the Director (3) COMPARISON OF CENTERS.— educators, mentors, institutions, and col- shall require in consultation with the MEP (A) IN GENERAL.—Not later than 2 years laborations, and supporting specialized edu- Advisory Board. after the date of enactment of this Act, the cation and training, I-Corps is at the leading ‘‘(e) SELECTION.— Director shall submit to the appropriate edge of a strong, lasting foundation for an ‘‘(1) PEER REVIEW AND COMPETITIVELY committees of Congress a report providing American innovation ecosystem. AWARDED.—The Director shall ensure that information on the first and second years of (4) By translating federally funded re- awards under this section are peer reviewed operations for Centers (as defined in section search to a commercial stage more quickly and competitively awarded. 25 of the National Institute of Standards and and efficiently, programs like the I-Corps

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00167 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7098 CONGRESSIONAL RECORD — SENATE December 9, 2016 create new jobs and companies, help solve so- search Program or a Small Business Tech- SEC. 603. OPTICS AND PHOTONICS TECHNOLOGY cietal problems, and provide taxpayers with nology Transfer Program. INNOVATIONS. a greater return on their investment in re- (4) STATE AND LOCAL PARTNERSHIPS.—The (a) FINDINGS.—Congress makes the fol- search. Director may engage in partnerships with lowing findings: (5) The I-Corps program model has a strong State and local governments, economic de- (1) The 1998 National Research Council Re- record of success that should be replicated at velopment organizations, and nonprofit orga- port, ‘‘Harnessing Light’’ presented a com- all Federal science agencies. nizations to provide access to the I-Corps prehensive overview on the importance of optics and photonics to various sectors of (b) SENSE OF CONGRESS.—It is the sense of program to support entrepreneurship edu- Congress that— cation and training for researchers, students, the United States economy. (1) commercialization of federally funded and institutions under this subsection. (2) In 2012, in response to increased coordi- research can improve the Nation’s competi- (5) REPORTS.—The Director shall submit to nation and investment by other nations, the tiveness, grow the economy, and benefit soci- the appropriate committees of Congress a bi- National Research Council released a follow ety; ennial report on I-Corps program efficacy, up study recommending a national photonics (2) I-Corps is a useful tool in promoting the including metrics on the effectiveness of the initiative to increase collaboration and co- commercialization of federally funded re- program. Each Federal science agency par- ordination among United States industry, search by training researchers funded by the ticipating in the I-Corps program or that im- Federal and State government, and aca- Foundation in entrepreneurship and com- plements a similar program under paragraph demia to identify and further advance areas mercialization; (2)(A) shall contribute to the report. of photonics critical to regaining United (3) I-Corps should continue to build a net- (6) DEFINITIONS.—In this subsection, the States competitiveness and maintaining na- work of entrepreneurs, educators, mentors, terms ‘‘Small Business Innovation Research tional security. and institutions and support specialized edu- Program’’ and ‘‘Small Business Technology (3) Publicly-traded companies focused on cation and training; Transfer Program’’ have the meanings given optics and photonics in the United States en- (4) researchers other than those funded by those terms in section 9 of the Small Busi- able more than $3 trillion in revenue annu- the Foundation may also benefit from the ness Act (15 U.S.C. 638). ally. (b) SENSE OF CONGRESS.—It is the sense of education and training described in para- SEC. 602. TRANSLATIONAL RESEARCH GRANTS. Congress that— graph (3); and (a) SENSE OF CONGRESS.—It is the sense of (1) optics and photonics research and tech- (5) I-Corps should continue to promote a Congress that— nologies promote United States global com- strong innovation system by investing in (1) commercialization of federally funded petitiveness in industry sectors, including and supporting female entrepreneurs research may benefit society and the econ- telecommunications and information tech- through mentorship, education, and training omy; and nology, energy, healthcare and medicine, because they are historically underrep- (2) not-for-profit organizations support the manufacturing, and defense; resented in entrepreneurial fields. commercialization of federally funded research by providing useful business and tech- (2) Federal science agencies, industry, and (c) I-CORPS PROGRAM.— academia should seek partnerships with each (1) IN GENERAL.—In order to promote a nical expertise to researchers. (b) COMMERCIALIZATION PROMOTION.—The other to develop basic research in optics and strong, lasting foundation for the national Director of the Foundation shall continue to photonics into more mature technologies innovation ecosystem and increase the posi- award grants on a competitive, merit-re- and capabilities; and tive economic and social impact of federally viewed basis to eligible entities to promote (3) each Federal science agency, as appro- funded research, the Director of the Founda- the commercialization of federally funded re- priate, should— tion shall set forth eligibility requirements search results. (A) survey and identify optics and and carry out a program to award grants for (c) USE OF FUNDS.—Activities supported by photonics-related programs within that Fed- entrepreneurship and commercialization grants under this section may include— eral science agency and share results with education, training, and mentoring. (1) identifying Foundation-sponsored re- other Federal science agencies for the pur- (2) EXPANSION OF I-CORPS.— search and technologies that have the poten- pose of generating multiple applications and (A) IN GENERAL.—The Director— tial for accelerated commercialization; uses; (i) shall encourage the development and (2) supporting prior or current Foundation- (B) partner with the private sector and expansion of I-Corps and other training pro- sponsored investigators, institutions of high- academia to leverage knowledge and re- grams that focus on professional developer education, and non-profit organizations sources to maximize opportunities for inno- ment, including education in entrepreneur- that partner with an institution of higher vation in optics and photonics; ship and commercialization; and education in undertaking proof-of-concept (C) explore research and development op- (ii) may establish an agreement with an- work, including development of prototypes portunities, including Federal and private other Federal science agency— of technologies that are derived from Foun- sector-sponsored internships, to ensure a (I) to make researchers, students, and in- dation-sponsored research and have potential highly trained optics and photonics work- stitutions funded by that agency eligible to market value; force in the United States; participate in the I-Corps program; or (3) promoting sustainable partnerships be- (D) encourage partnerships between aca- (II) to assist that agency with the design tween Foundation-funded institutions, in- demia and industry to promote improvement and implementation of its own program that dustry, and other organizations within aca- in the education of optics and photonics is similar to the I-Corps program. demia and the private sector with the pur- technicians at the secondary school level, (B) PARTNERSHIP FUNDING.—In negotiating pose of accelerating the transfer of tech- undergraduate level, and 2-year college level, an agreement with another Federal science nology; including through the Foundation’s Ad- agency under subparagraph (A)(ii), the Direc- (4) developing multi-disciplinary innova- vanced Technological Education program; tor shall require that Federal science agency tion ecosystems which involve and are re- and to provide funding for— sponsive to specific needs of academia and (E) assess existing programs and explore (i) the training for researchers, students, industry; and alternatives to modernize photonics labora- and institutions selected for the I-Corps pro- (5) providing professional development, tory equipment in undergraduate institu- gram; and mentoring, and advice in entrepreneurship, tions in the United States to facilitate crit- (ii) the locations that Federal science project management, and technology and ical hands-on learning. agency designates as regional and national business development to innovators. SEC. 604. UNITED STATES CHIEF TECHNOLOGY infrastructure for science and engineering (d) ELIGIBILITY.— OFFICER. entrepreneurship. (1) IN GENERAL.—The following organiza- (a) SHORT TITLE.—This section may be (3) FOLLOW-ON GRANTS.— tions may be eligible for grants under this cited as the ‘‘United States Chief Technology (A) IN GENERAL.—Subject to subparagraph section: Officer Act’’. (B), the Director, in consultation with the (A) Institutions of higher education. (b) IN GENERAL.—Section 203 the National Director of the Small Business Innovation (B) Public or nonprofit technology transfer Science and Technology Policy, Organiza- Research Program, shall make funds avail- organizations. tion, and Priorities Act of 1976 (42 U.S.C. able for competitive grants, including to I- (C) A nonprofit organization that partners 6612) is amended— Corps participants, to help support— with an institution of higher education. (1) by inserting ‘‘(b) ASSOCIATE DIREC- (i) prototype or proof-of-concept develop- (D) A consortia of 2 or more of the organi- TORS.—’’ before ‘‘The President is author- ment; and zations described under subparagraphs (A) ized’’ and indenting appropriately; (ii) such activities as the Director con- through (C). (2) by inserting ‘‘(a) IN GENERAL.—’’ before siders necessary to build local, regional, and (2) LEAD ORGANIZATIONS.—Any eligible or- ‘‘There shall be’’ and indenting appro- national infrastructure for science and engi- ganization under paragraph (1) may apply as priately; and neering entrepreneurship. a lead organization. (3) by adding at the end the following: (B) LIMITATION.—Grants under subpara- (e) APPLICATIONS.—An eligible entity seek- ‘‘(c) CHIEF TECHNOLOGY OFFICER.—Subject graph (A) shall be limited to participants ing a grant under this section shall submit to subsection (b), the President is authorized with innovations that because of the early an application to the Director at such time, to designate 1 of the Associate Directors stage of development are not eligible to par- in such manner, and containing such infor- under that subsection as a United States ticipate in a Small Business Innovation Re- mation as the Director may require. Chief Technology Officer.’’.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00168 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7099 SEC. 605. NATIONAL RESEARCH COUNCIL STUDY Caroline B. Bell Brian M. Hall ON TECHNOLOGY FOR EMERGENCY Zachary C. Bender Ian Hanna NOTIFICATIONS ON CAMPUSES. James C. Bennett Eric C. Hanson (a) IN GENERAL.—Not later than 90 days Jonathan P. Benvenuto Kevan P. Hanson after the date of enactment of this Act, the Jason L. Berger Brent L. Hardgrave Director of the Office of Science and Tech- Nicole L. Blanchard Stephen A. Hart nology Policy shall enter into an arrange- Simon G. Blanco Lisa G. Hartley ment with the National Research Council to Jordan T. Boghosian Jason L. Hathaway conduct and complete a study to identify and Christopher A. Bonner Kelly L. Haupt review technologies employed at institutions Chad M. Brook Joseph S. Heal of higher education to provide notifications Christine S. Brown Terrance L. Herdliska to students, faculty, and other personnel Bryan P. Brownlee Matthew R. Herring during emergency situations in accordance Mark W. Burgner Jennifer L. Hertzler with law. William J. Burwell John D. Hess (b) CONTENTS.—The study shall address— Kristen M. Byers Jerod M. Hitzel (1) the timeliness of notifications provided Nelson W. Cable Stefanie J. Hodgdon by the technologies during emergency situa- Nolan V. Cain James M. Hodges tions; Kristen B. Caldwell Jonathan W. Hofius (2) the durability of the technologies in de- Gregory S. Carr Zachary D. Huff livering the notifications to students, fac- Jason R. Carrillo Steven W. Hulse ulty, and other personnel; and Kyle M. Carter Matthew C. Hunt (3) the limitations exhibited by the tech- Kyra M. Chin-Dykeman Bryson C. Jacobs nologies to successfully deliver the notifica- Erin H. Chlum Raymond M. Jamros tions not more than 30 seconds after the in- Bradley R. Clemons Sarah M. Janaro stitution of higher education transmits the Megan K. Clifford David L. Janney notifications. Robert D. Cole, Jr. Andrew B. Jantzen (c) REPORT REQUIRED.—Not later than 1 Roberto C. Concepcion Chelsea A. Kalil year after the date that the National Re- Jason A. Condon Abigail H. Kawada search Council enters into the arrangement Kevin H. Connell Caroline D. Kearney under subsection (a), the Director of the Of- Rebecca M. Corson Gary G. Kim fice of Science and Technology Policy shall James D. Couch Min H. Kim submit to Congress a report on the study, in- Brian A. Crimmel Gretal G. Kinney cluding recommendations for addressing any Bryan S. Crook David B. Komar limitations identified under subsection Lane P. Cutler Brittani J. Koroknay (b)(3). Kathryn R. Cyr Kevin K. Koski Steven T. Davies Matthew M. Kroll f Rebecca W. Dearkin Sarah A. Krolman NOTICE OF INTENT TO OBJECT TO Michael A. Deal Nicholas R. Kross PROCEEDING Daniel J. Deangelo Brownie J. Kuk Andrew B. Dennelly Celina H. Ladyga I, Senator RON WYDEN, intend to ob- Amanda W. Denning Jonathan W. Ladyga ject to proceeding to H.R. 6438, an act Amanda M. Dipietro Leo C. Lake to extend the waiver of limitations Anna K. Dixon Jonathan M. Laraia with respect to excluding from gross Timothy W. Dolan Dustin T. Lee Kelli M. Dougherty Karen M. Lee income amounts received by wrong- Leslie M. Downing Blake K. Leedy fully incarcerated individuals; dated Stephen J. Drauszewski Clinton D. Lemasters December 9, 2016. Michael J. Dubinsky Paul M. Leon f Quinton L. Dubose Benjamin S. Leuthold Andrew S. Dunlevy Aaron B. Leyko NOMINATIONS DISCHARGED Elisa F. Dykman James P. Litzinger Ronald Easley John T. Livingston Mr. MCCONNELL. Mr. President, as Erica L. Elfguinn Robert J. Lokar in executive session, I ask unanimous Patricia C. Elliston Sean A. Lott consent that the Commerce Committee Denny A. Ernster Rachael E. Love be discharged and the Senate proceed Bryce G. Ettestad Charles A. Lumpkin to the consideration of PN1894 through Jason E. Evans Ryan W. Maca PN1899 and PN1831, that the nomina- Daniel J. Every Steven A. Macias tions be confirmed en bloc, the motions Amanda L. Fahrig Robert M. Mackenzie Diana Ferguson Issac D. Mahar to reconsider be considered made and Jamison R. Ferriell Sawyer M. Mann laid upon the table with no intervening Traci-Ann Fiammetta Marc A. Mares action or debate, that no further mo- Michael L. Flint Christopher H. Martin tions be in order, that any statements John M. Forster Scott A. McBride related to the nominations be printed Edward K. Forys Kennith W. McCain in the RECORD, and the President be Rebecca A. Fosha Christopher J. McCann immediately notified of the Senate’s Michelle M. Foster Scott J. McCann action. James T. Freeman Jayna G. McCarron Jeffrey A. Fry Adam J. McCarthy The PRESIDING OFFICER. Without Nicholas A. Galati Scott H. McGrew objection, it is so ordered. Victor J. Galgano Patrick M. McMahon The nominations considered and con- Rven T. Garcia Anna C. McNeil firmed en bloc are as follows: Micah N. Gentile Steven T. Melvin IN THE COAST GUARD Zachery J. Geyer Hermie P. Mendoza Mario G. Gil Megan K. Mervar The following named officers for appoint- David M. Gilbert Julian M. Middleton ment to the grade indicated in the United David S. Gonzalez Jeffrey S. Milgate States Coast Guard under title 14, U.S.C., Eliezer Gonzalez Michael S. Miller section 271(E): Lee R. Gorlin Frank P. Minopoli To be lieutenant commander Robert D. Gorman Caitlin H. Mitchell-Wurster Stephen J. Albert Andrew M. Grantham Nathan P. Morello Elroy S. Allen Christopher F. Greenough Karl H. Mueller Kirsten M. Ambors-Casey Patrick J. Grizzle Ian J. Mulcahy Juan C. Avila Sean T. Groark Adam L. Mullins Kenji R. Awamura Michael B. Groncki II John E. Mundale Charles J. Bare Ian C. Groom Andrew J. Murphy Dustin G. Barker Anthony J. Guido Joshua C. Murphy Todd C. Batten Matthew C. Haddad Elizabeth G. Nakagawa

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00169 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.144 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7100 CONGRESSIONAL RECORD — SENATE December 9, 2016 Nikea L. Natteal Paul A. Windt Byron H. Hayes Andrew J. Nebl Nicholas A. Woessner Dorothy J. Hernaez Jason A. Neiman Francis E.S. Wolfe Robert P. Hill David T. Newcomb Jonathan M. Wolstenholme Jennifer L. Hnatow Huy D. Nguyen Robert T. Wright Jacob A. Hobson Bret D. Nichols Victor M. Yaguchi Morgan T. Holden Christopher M. Nichols Miles K. Young Dean E. Horton Eric D. Nielsen Matthew W. Zinn Donald K. Isom Richard D. Nines The following named officers for appoint- Max M. Jenny Jeffrey T. Noyes ment to the grade indicated in the United Khristopher D. Johns Robert P. Odonnell States Coast Guard under title 14, U.S.C. sec- Christopher L. Jones Grace E. Oh tion 71: Karen S. Jones Teresa Z. Ohley To be commander Matthew N. Jones Phillip N. Ortega Kevin A. Keenan Jennifer L. Adams Jacob T. Paarlberg Scott R. Kirkland Marc H. Akus Jarrett S. Parker Aji L. Kirksey David J. Aldous Christopher J. Pelar David J. Kowalczyk, Jr. Nathan W. Allen Neil R. Penso Donald R. Kuhl Ryan J. Allen Kurt W. Pfeffer Shawn A. Lansing Shameen E. Anthaniowilliams Andrew D. Phipps Mark L. Lay Mellissa J. Arles Jeyar L. Pierce Kristina L. Lewis Christopher M. Armstrong David A. Pipkorn Paul J. Mangini Charles L. Banks, Jr. Joseph P. Plunkett Elizabeth L. Massimi Ann M. Bassolino Robert S. Poitinger Ryan P. Matson Kevin M. Beck John P. Poley Eric J. Matthies Joseph P. Prado Andrew J. Behnke Harold L. McCarter Andrew D. Pritchett Robert J. Berry II Blake A. McKinney Fredrick D. Pugh Fred S. Bertsch IV William A. McKinstry Christopher S. Pulliam Vanessa Blackmore James M. McLay Eric A. Quigley William K. Blair James D. McManus Alejandro M. Quintero John D. Block Brad M. McNally Thomas J. Rader Peter F. Bosma Joseph W. McPherson III Ryan R. Ramos Ruben E. Boudreaux John M.P. McTamney IV Peter J. Raneri Kevin C. Boyd, Jr. Ronald R. Millspaugh Jonathan T. Rebuck Valerie A. Boyd Marc J. Montemerlo Frank M. Reed III Jason P. Brand Jason W. Morgan Howard B. Reiney, Jr. William C. Brent, Jr. Ryan T. Murphy Sheral A. Richardson Chad R. Brick Michael A. Nalli Byron Rios Shane D. Bridges Mark R. Neeland Callan D. Robbins Kevin A. Broyles Justin W. Noggle Jason W. Roberts Bryan J. Burkhalter Martin L. Nossett IV Michelle I. Rosenberg Eric A. Cain Anne E. O’Connell Michael C. Ross Joseph G. Callaghan James M. Omara IV Mallorie G. Schell Ian L. Callander Roger E. Omenhiser, Jr. James J. Schock Brian R. Carroll Brendan P. Oshea Daniel A. Schrader Paul R. Casey Joseph B. Parker Derek L. Schramel Eric M. Casper Stacia F. Parrott John Sgarlata, Jr. Jacob L. Cass Christopher M. Pasciuto Matthew A. Shaffer Michael P.C. Chien Chester A. Passic Saladin Shelton Michael N. Cost Andrew L. Pate Paul C. Simpson Justin K. Covert Mark B. Patton James D. Slapak Melba J. Crisp Jeffrey L. Payne Randall J. Slusher Charlene R.T. Criss James H. Pershing Norma L. Smihal Mark W. Crysler Barton L Philpott Colleen M. Smith Christopher J. Davis Jeffrey J. Pile Joseph L. Smith Karen Denny Elizabeth T. Platt Josh L. Smith Matthew C. Derrenbacher Kenneth B. Poole II Katie E. Smith Michael S. Dipace Jorge Porto Lauren E. Smoak Jason D. Dolbeck Mark B. Pototschnik Brett L. Sprenger Matthew D. Dooris Leah M. Preston Kevin L. St. Cin Christopher Douglas Amanda M. Ramassini Paul W. Stepler Keith M. Doxey Libby J. Rasmussen Rachel P. Strubel Kevin F. Duffy Jeffrey J. Rasnake George R. Suchanek Jason R. Dunn Lisa M. Rice John P. Suckow Samuel Z. Edwards Matthew Rooney Kathleen M. Sullivan Jamie M. Embry Michael B. Russell Amy K. Sung Todd L. Emerson Jan A. Rybka Matthew M. Swanner Daniel J. Everett Paul Salerno David C. Thompson Peter M. Evonuk Evelynn B. Samms Damon Thornton Brian M. Farmer Rachelle N. Samuel Jessica S. Thornton Jeffrey P. Ferlauto Kevin B. Saunders John D. Tomlin Frank J. Florio III Benjamin J. Schluckebier Melvin A. Torres James T. Fogle Timothy L. Schmitz Christopher N. Toussaint George O. Fulenwider III Deon J. Scott Cynthia S. Travers Patrick J. Gallagher Kirk C. Shadrick Michael R. Turanitza William J. George Brook W. Sherman Eduardo M. Valdez Robert H. Gomez Jason S. Smith Matthew J. Vanginkel Dennis D. Good Laura J. Smolinski Fausto E. Veras Evangeline R. Gormley Joan Snaith Michael M. Vickers John A. Goshorn Gabriel J. Somma Michael A. Viles Andrew P. Grant Robert E. Stiles Steven M. Volk Brooke E. Grant Jessica R. Styron John M. Walsh Derrick S. Greer Robert D. Taylor Todd A. Weimorts Steven M. Griffin James K. Terrell Steven D. Welch William M. Grossman Emily L. Tharp Bruce D. Wells Jay W. Guyer Alfred J. Thompson Mason C.E. Wilcox Gregory M. Haas Lawrence W. Tinstman Derek D. Wilson Jeremy M. Hall David A. Torres

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00170 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.075 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7101 Devin L. Townsend Michael J. Ennis To be rear admiral Christopher A. Treib Brian D. Falk Rear Adm. (lh) William J. Galinis Jared S. Trusz Rosemary P. Firestine Michael A. Venturella Arthur H. Gomez Mr. MCCONNELL. Mr. President, I Matthew J. Walker Amy B. Grable ask unanimous consent that the Sen- William R. Walker Holly R. Harrison ate proceed to the en bloc consider- Sara A. Wallace Mark E. Hiigel ation of Calendar Nos. 7, 591, 653, 699, Tamara S. Wallen Patrick M. Hilbert 773, 739, 740, 741, and 772; that the Sen- Amber S. Ward Todd M. Howard ate vote on the nominations en bloc Rodney P. Wert Richard E. Howes without intervening action or debate; Stephen E. West Michael A. Hudson that if confirmed, the motions to re- Christopher A. White Mark A. Jackson Brian R. Willson Scott L. Johnson consider be considered made and laid William B. Winburn Eric P. King upon the table; that the President be Tracy L. Wirth Shawn S. Koch immediately notified of the Senate’s Christopher L. Wright Sherman M. Lacey action, and the Senate then resume Brent C. Yezefski William A. Lewin legislative session without any inter- Peter J. Zauner Ralph R. Little vening action or debate. The following named officers for appoint- Vivianne Louie The PRESIDING OFFICER. Without ment in the United States Coast Guard Re- Michael C. Macmillan objection, it is so ordered. James D. Marquez serve to the grade indicated under title 10, Thereupon, the Senate proceeded to U.S.C., section 12203: Craig J. Massello consider the nominations en bloc. To be captain Joseph T. Mcgilley Adam B. Morrison The PRESIDING OFFICER. Is there Daryl P. Schaffer Prince A. Neal any further debate on the nomina- Lisa H. Schulz Timothy M. Newton tions? The following named officers of the Coast Jeffrey W. Novak If not, the question is, Will the Sen- Guard Permanent Commission Teaching Louie C. Parks, Jr. Staff for appointment in the United States ate advise and consent to the nomina- Jose A. Pena tions en bloc? Coast Guard to the grade indicated under Michael R. Roschel title 14, U.S.C., sections 189 and 276: Gregory C. Rothrock The nominations were confirmed en To be captain James B. Rush bloc as follows: David C. Clippinger Jason H. Ryan IN THE DEPARTMENT OF LABOR Michael J. Corl Michael Schoonover, Jr. Adri Davin Jayaratne, of Michigan, to be Gregory J. Hall Mark J. Shepard an Assistant Secretary of Labor. Russell E. Bowman Jason E. Smith IN THE FEDERAL DEPOSIT INSURANCE Sampson C. Stevens To be commander CORPORATION Scott A. Stoermer Joseph T. Benin Jeffrey S. Swanson Jay Neal Lerner, of Illinois, to be Inspector To be lieutenant commander Roxanne Tamez General, Federal Deposit Insurance Corpora- Matthew B. Williams Gregory L. Thomas tion. The following named officers for appoint- Richter L. Tipton EXECUTIVE OFFICE OF THE PRESIDENT ment in the United States Coast Guard Re- Roberto H. Torres Andrew Mayock, of Illinois, to be Deputy serve to the grade indicated under title 10, Karrie C. Trebbe Director for Management, Office of Manage- U.S.C., section 12203(A): Jacqueline M. Twomey ment and Budget. Mark B. Walsh To be captain DEPARTMENT OF COMMERCE The following named officers for appoint- Mark E. Ames Peggy E. Gustafson, of Maryland, to be In- ment in the United States Coast Guard to Michael G. Barton spector General, Department of Commerce. Leon D. Dame the grade indicated under title 14, U.S.C., DEPARTMENT OF TRANSPORTATION Tiffany G. Danko section 271(e): Stacie L. Fain To be rear admiral (lower half) Ann Begeman, of South Dakota, to be a Member of the Surface Transportation Board Daniel J. Fitzgerald Capt. Melvin W. Bouboulis for a term expiring December 31, 2020. Joanna K. Hiigel Capt. Donna L. Cottrell Jason A. Lehto Capt. Michael J. Johnston STATE JUSTICE INSTITUTE Richard E. Neim Jr. Capt. Eric C. Jones John D. Minton, Jr., of Kentucky, to be a Colleen M. Pak Capt. Michael P. Ryan Member of the Board of Directors of the George W. Petras State Justice Institute for a term expiring f Michael A. Spolidoro September 17, 2019. (Reappointment) Matthew D. Wadleigh EXECUTIVE SESSION POSTAL REGULATORY COMMISSION The following named officers for appoint- Mark D. Acton, of Kentucky, to be a Com- ment in the United States Coast Guard to missioner of the Postal Regulatory Commis- the grade indicated under title 14, U.S.C. sec- EXECUTIVE CALENDAR sion for a term expiring October 14, 2022. (Re- tion 271(E): appointment) Mr. MCCONNELL. Mr. President, I To be captain Robert G. Taub, of New York, to be a Com- John F. Barresi ask unanimous consent that the Sen- missioner of the Postal Regulatory Commis- Amy M. Beach ate proceed to executive session for the sion for a term expiring October 14, 2022. (Re- Benjamin D. Berg consideration of Calendar No. 658; that appointment) John M. Branch the nomination be confirmed; that the DEPARTMENT OF STATE Paul Brooks motion to reconsider be considered Kamala Shirin Lakhdhir, of Connecticut, a Bruce C. Brown made and laid upon the table with no Career Member of the Senior Foreign Serv- Suzanne M. Brown intervening action or debate; that no ice, Class of Counselor, to be Ambassador Ex- Marie Byrd further motions be in order; that any traordinary and Plenipotentiary of the Flip P. Capistrano United States of America to Malaysia. Jay Caputo statements related to the nomination Clinton S. Carlson be printed in the RECORD; and that the f Kevin M. Carroll President be immediately notified of Travis L. Carter the Senate’s action. LEGISLATIVE SESSION John D. Cole The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- Timothy J. Connors objection, it is so ordered. ate will now resume legislative session. Eric M. Cooper The nomination considered and con- Mr. MCCONNELL. Mr. President, I John P. Debok firmed is as follows: suggest the absence of a quorum. Eric D. Denley Angelic D. Donovan IN THE NAVY The PRESIDING OFFICER. The Maryellen J. Durley The following named officer for appoint- clerk will call the roll. William G. Dwyer ment in the United States Navy to the grade The senior assistant legislative clerk Matthew Edwards indicated under title 10, U.S.C., section 624: proceeded to call the roll.

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00171 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.076 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7102 CONGRESSIONAL RECORD — SENATE December 9, 2016 Mr. BOOZMAN. Mr. President, I ask The PRESIDING OFFICER. The ing, was read the third time, and unanimous consent that the order for clerk will report the concurrent resolu- passed, as follows: the quorum call be rescinded. tion by title. S. 3336 The senior assistant legislative clerk The PRESIDING OFFICER. Without Be it enacted by the Senate and House of Rep- objection, it is so ordered. read as follows: resentatives of the United States of America in f A concurrent resolution (H. Con. Res. 179) Congress assembled, directing the Secretary of the Senate to SECTION 1. INSTALLATION REUTILIZATION AU- REPORTING AUTHORITY make certain corrections in the enrollment THORITY FOR ARSENALS, DEPOTS, Mr. BOOZMAN. Mr. President, I ask of S. 2943. AND PLANTS. unanimous consent that notwith- There being no objection, the Senate (a) MODIFIED AUTHORITY.—In the case of a standing the Senate’s adjournment, proceeded to consider the concurrent military manufacturing arsenal, depot, or resolution. plant, the Secretary of the Army may au- committees be authorized to report thorize leases and contracts under section legislative and executive matters on Mr. BOOZMAN. Mr. President, I ask unanimous consent that the concur- 2667 of title 10, United States Code, for a Tuesday, December 20, from 9:30 a.m. term of up to 25 years, notwithstanding sub- to 11:30 a.m. rent resolution be agreed to and the section (b)(1) of such section, if the Sec- The PRESIDING OFFICER. Without motion to reconsider be laid upon the retary determines that a lease or contract of objection, it is so ordered. table with no intervening action or de- that duration will promote the national debate. fense or be in the public interest for the pur- f The PRESIDING OFFICER. Without pose of— ORDER FOR PRINTING OF SENATE objection, it is so ordered. (1) helping to maintain the viability of the DOCUMENTS The concurrent resolution (H. Con. military manufacturing arsenal, depot, or Res. 179) was agreed to. plant and any military installations on Mr. BOOZMAN. Mr. President, I ask which it is located; unanimous consent that there be print- f (2) eliminating, or at least reducing, the ed as a Senate document a compilation PROVIDING ARSENAL INSTALLA- cost of Government ownership of the mili- of materials from the CONGRESSIONAL TION REUTILIZATION AUTHOR- tary manufacturing arsenal, depot, or plant, including the costs of operations and mainte- RECORD in tribute to retiring Members ITY nance, the costs of environmental remedi- of the 114th Congress, and an addi- Mr. BOOZMAN. Mr. President, I ask ation, and other costs; and tional Senate document a compilation unanimous consent that the committee (3) leveraging private investment at the of materials from the CONGRESSIONAL on Armed Services be discharged from military manufacturing arsenal, depot, or RECORD in tribute to the President of further consideration of S. 3336 and the plant through long-term facility use con- the Senate, JOE BIDEN, and that Mem- Senate proceed to its immediate contracts, property management contracts, bers have until Tuesday, December 20, sideration. leases, or other agreements that support and advance the preceding purposes. to submit such tributes. The PRESIDING OFFICER. Without (b) DELEGATION AND REVIEW PROCESS.— The PRESIDING OFFICER. Without objection, it is so ordered. (1) IN GENERAL.—The Secretary of the objection, it is so ordered. The clerk will report the bill by title. Army may delegate the authority provided f The senior assistant legislative clerk by this section to the commander of the read as follows: major subordinate command of the Army APPOINTMENTS A bill (S. 3336) to provide arsenal installa- that has responsibility for the military man- The PRESIDING OFFICER. The tion reutilization authority. ufacturing arsenal, depot, or plant or, if part Chair announces, on behalf of the ma- There being no objection, the Senate of a larger military installation, the instal- jority leader, pursuant to the provi- proceeded to consider the bill. lation as a whole. The commander may ap- Mr. BOOZMAN. Mr. President, I ask prove a lease or contract under such author- sions of Public Law 106–398, as amended ity on a case-by-case basis or a class basis. by Public Law 108–7, and in consulta- unanimous consent that the Ernst (2) REVIEW PERIOD.—Any lease or contract tion with the chairmen of the Senate amendment No. 5128 be agreed to, the that is approved utilizing the delegation au- Committee on Armed Services and the bill, as amended, be considered read a thority under paragraph (1) is subject to a 90- Senate Committee on Finance, the re- third time and passed, that the title day hold period so that the Army real prop- appointment of the following indi- amendment No. 5129 be agreed to, and erty manager may review the lease or con- vidual to serve as a member of the the motions to reconsider be consid- tract pursuant to paragraph (3). United States-China Economic Secu- ered made and laid upon the table. (3) DISPOSITION OF REVIEW.—If the Army The PRESIDING OFFICER. Without real property manager disapproves of a con- rity Review Commission: Dennis Shea tract or lease submitted for review under of Virginia, for a term beginning Janu- objection, it is so ordered. paragraph (2), the agreement shall be null ary 1, 2017 and expiring December 31, The amendment (No. 5128) was agreed and void upon transmittal by the real prop- 2018. to, as follows: erty manager to the delegating authority of The Chair announces, on behalf of (Purpose: To improve the bill) a written disapproval, including a justifica- the President pro tempore, pursuant to On page 1, strike lines 3 and 4 and insert tion for such disapproval, within the 90-day Public Law 114–125, upon the rec- the following: hold period. If no such disapproval is trans- ommendation of the chairman and SECTION 1. INSTALLATION REUTILIZATION AU- mitted within the 90-day hold period, the agreement shall be deemed approved. ranking member of the Committee on THORITY FOR ARSENALS, DEPOTS, AND PLANTS. (4) APPROVAL OF REVISED AGREEMENT.—If, Finance and the chairman and ranking On page 1, line 6, strike ‘‘arsenal, the Sec- not later than 60 days after receiving a dis- member of the Committee on Banking, retary concerned’’ and insert ‘‘arsenal, approval under paragraph (3), the delegating Housing and Urban Affairs, the ap- depot, or plant, the Secretary of the Army’’. authority submits to the Army real property pointment of the following individuals On page 2, line 4, insert ‘‘, depot, or plant’’ manager a new contract or lease that ad- to serve as members of the Advisory after ‘‘arsenal’’. dresses the Army real property manager’s Committee on International Exchange On page 2, line 8, insert ‘‘, depot, or plant’’ concerns outlined in such disapproval, the Rate Policy: Mark A. Calabria of Vir- after ‘‘arsenal’’. new contract or lease shall be deemed ap- On page 2, line 12, insert ‘‘, depot, or plant’’ proved unless the Army real property man- ginia, John Cochrane of California, and after ‘‘arsenal’’. ager transmits to the delegating authority a Thea Lee of the District of Columbia. On page 2, line 17, strike ‘‘Secretary con- disapproval of the new contract or lease f cerned’’ and insert ‘‘Secretary of the Army’’. within 30 days of such submission. On page 2, line 21, insert ‘‘, depot, or plant’’ (c) MILITARY MANUFACTURING ARSENAL, DIRECTING THE SECRETARY OF after ‘‘arsenal’’. DEPOT, OR PLANT DEFINED.—In this section, THE SENATE TO MAKE CERTAIN On page 4, line 3, insert ‘‘, DEPOT, OR the term ‘‘military manufacturing arsenal, CORRECTIONS IN THE ENROLL- PLANT’’ after ‘‘ARSENAL’’. depot, or plant’’ means a Government-owned, MENT OF S. 2943 On page 4, line 5, insert ‘‘, depot, or plant’’ Government-operated defense plant of the after ‘‘arsenal’’. Army that manufactures weapons, weapon Mr. BOOZMAN. Mr. President, I ask On page 4, line 6, strike ‘‘Department of components, or both. the Defense’’ and insert ‘‘Army’’. unanimous consent that the Senate (d) SUNSET.—The authority under this sec- proceed to the consideration of H. Con. The bill (S. 3336), as amended, was or- tion shall terminate at the close of Sep- Res. 179, which is at the desk. dered to be engrossed for a third read- tember 30, 2019.

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00172 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.124 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7103 (Purpose: To amend the title) SPECIAL WARFARE OPERATOR Service located at 6300 N. Northwest Amend the title so as to read: ‘‘A bill to MASTER CHIEF PETTY OFFICER Highway in Chicago, Illinois, as the provide installation reutilization authority (SEAL) LOUIS ‘‘LOU’’ J. ‘‘Officer Joseph P. Cali Post Office for arsenals, depots, and plants.’’. LANGLAIS POST OFFICE BUILD- Building,’’ was ordered to a third read- f ING ing, was read the third time, and passed. AUTHORIZING THE SECRETARY OF The bill (H.R. 3218) to designate the THE TREASURY TO INCLUDE facility of the United States Postal f ALL FUNDS WHEN ISSUING CER- Service located at 1221 State Street, ABNER J. MIKVA POST OFFICE TAIN GEOGRAPHIC TARGETING Suite 12, Santa Barbara, California, as BUILDING ORDERS the ‘‘Special Warfare Operator Master The bill (H.R. 5798) to designate the Mr. BOOZMAN. Mr. President, I ask Chief Petty Officer (SEAL) Louis ‘Lou’ facility of the United States Postal unanimous consent that the Com- J. Langlais Post Office Building,’’ was Service located at 1101 Davis Street in mittee on Banking, Housing, and ordered to a third reading, was read the Evanston, Illinois, as the ‘‘Abner J. Urban Affairs be discharged from fur- third time, and passed. Mikva Post Office Building,’’ was or- ther consideration of H.R. 5602 and the f dered to a third reading, was read the Senate proceed to its immediate con- RICHARD ALLEN CABLE POST third time, and passed. sideration. OFFICE f The PRESIDING OFFICER. Without SEGUNDO T. SABLAN AND CNMI objection, it is so ordered. The bill (H.R. 4887) to designate the facility of the United States Postal FALLEN MILITARY HEROES The clerk will report the bill by title. POST OFFICE BUILDING The senior assistant legislative clerk Service located at 23323 Shelby Road in read as follows: Shelby, Indiana, as the ‘‘Richard Allen The bill (H.R. 5889) to designate the Cable Post Office,’’ was ordered to a facility of the United States Postal A bill (H.R. 5602) to amend title 31, United States Code, to authorize the Secretary of third reading, was read the third time, Service located at 1 Chalan Kanoa VLG the Treasury to include all funds when and passed. in Saipan, Northern Mariana Islands, issuing certain geographic targeting orders, f as the ‘‘Segundo T. Sablan and CNMI and for other purposes. Fallen Military Heroes Post Office LEONARD MONTALTO POST There being no objection, the Senate Building,’’ was ordered to a third read- OFFICE BUILDING proceeded to consider the bill. ing, was read the third time, and Mr. BOOZMAN. Mr. President, I ask The bill (H.R. 5150) to designate the passed. unanimous consent that the Shelby- facility of the United States Postal f Brown substitute amendment No. 5127 Service located at 3031 Veterans Road GOVERNMENT OF THE UNITED be agreed to, the bill, as amended, be West in Staten Island, New York, as STATES OF AMERICA AND GOV- considered read a third time. the ‘‘Leonard Montalto Post Office ERNMENT OF THE KINGDOM OF The PRESIDING OFFICER. Without Building,’’ was ordered to a third read- NORWAY NUCLEAR ENERGY ACT objection, it is so ordered. ing, was read the third time, and passed. Mr. BOOZMAN. Mr. President, I ask The amendment (No. 5127) in the na- unanimous consent that the Senate ture of a substitute was agreed to. f proceed to the immediate consider- (The amendment is printed in the ARMY FIRST LIEUTENANT DON- ation of Calendar No. 704, S. 8. RECORD of December 5, 2016, under ALD C. CARWILE POST OFFICE The PRESIDING OFFICER. The ‘‘Text of Amendments.’’) BUILDING clerk will report the bill by title. The amendment was ordered to be The senior assistant legislative clerk engrossed and the bill to be read a The bill (H.R. 5309) to designate the read as follows: facility of the United States Postal third time. A bill (S. 8) to provide for the approval of The bill was read the third time. Service located at 401 McElroy Drive in the Agreement for Cooperation Between the Mr. BOOZMAN. Mr. President, I Oxford, Mississippi, as the ‘‘Army First Government of the United States of America know of no further debate on the meas- Lieutenant Donald C. Carwile Post Of- and the Government of the Kingdom of Nor- ure. fice Building,’’ was ordered to a third way Concerning Peaceful Uses of Nuclear En- The PRESIDING OFFICER. If there reading, was read the third time, and ergy. is no further debate, the bill having passed. There being no objection, the Senate been read the third time, the question f proceeded to consider the bill. is, Shall the bill pass? Mr. BOOZMAN. Mr. President, I fur- E. MARIE YOUNGBLOOD POST The bill (H.R. 5602), as amended, was ther ask unanimous consent that the OFFICE passed. bill be read a third time and passed, Mr. BOOZMAN. Mr. President, I ask The bill (H.R. 5356) to designate the and the motion to reconsider be consid- unanimous consent that the motion to facility of the United States Postal ered made and laid upon the table with reconsider be considered made and laid Service located at 14231 TX–150 in no intervening action or debate. The PRESIDING OFFICER. Without upon the table. Coldspring, Texas, as the ‘‘E. Marie Youngblood Post Office,’’ was ordered objection, it is so ordered. The PRESIDING OFFICER. Without The bill (S. 8) was ordered to be en- to a third reading, was read the third objection, it is so ordered. grossed for a third reading, was read time, and passed. f the third time, and passed, as follows: f THE CALENDAR S. 8 ZAPATA VETERANS POST OFFICE Be it enacted by the Senate and House of Rep- Mr. BOOZMAN. Mr. President, I ask resentatives of the United States of America in unanimous consent that the Senate The bill (H.R. 5591) to designate the Congress assembled, proceed to the immediate consider- facility of the United States Postal SECTION 1. APPROVAL OF AGREEMENT FOR CO- ation of Calendar Nos. 675 through 683. Service located at 810 N US Highway 83 OPERATION BETWEEN THE GOVERN- There being no objection, the Senate in Zapata, Texas, as the ‘‘Zapata Vet- MENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT proceeded to consider the bills en bloc. erans Post Office,’’ was ordered to a OF THE KINGDOM OF NORWAY CON- Mr. BOOZMAN. Mr. President, I ask third reading, was read the third time, CERNING PEACEFUL USES OF NU- unanimous consent that the bills be and passed. CLEAR ENERGY. (a) IN GENERAL.—Notwithstanding the pro- considered read a third time and f passed, and the motions to reconsider visions for congressional consideration of a proposed agreement for cooperation in sub- be considered made and laid upon the OFFICER JOSEPH P. CALI POST OFFICE BUILDING section d. of section 123 of the Atomic En- table, all en bloc. ergy Act of 1954 (42 U.S.C. 2153), the Agree- The PRESIDING OFFICER. Without The bill (H.R. 5676) to designate the ment for Cooperation Between the Govern- objection, it is so ordered. facility of the United States Postal ment of the United States of America and

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00173 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.088 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7104 CONGRESSIONAL RECORD — SENATE December 9, 2016

the Government of the Kingdom of Norway (Purpose: In the nature of a substitute) ‘‘(f) DEFINITIONS.—In this section— Concerning Peaceful Uses of Nuclear Energy, Strike all after the enacting clause and in- ‘‘(1) the term ‘animal crushing’ means ac- done at Washington June 11, 2016, may be sert the following: tual conduct in which one or more living brought into effect on or after the date of non-human mammals, birds, reptiles, or am- SECTION 1. SHORT TITLE. the enactment of this Act, as if all the re- phibians is purposely crushed, burned, This Act may be cited as the ‘‘Preventing quirements in such section for consideration drowned, suffocated, impaled, or otherwise Animal Cruelty and Torture Act’’ or the of such agreement had been satisfied, subject subjected to serious bodily injury (as defined ‘‘PACT Act’’. to subsection (b). in section 1365 and including conduct that, if (b) APPLICABILITY OF ATOMIC ENERGY ACT SEC. 2. REVISION OF SECTION 48. committed against a person and in the spe- OF 1954 AND OTHER PROVISIONS OF LAW.— (a) IN GENERAL.—Section 48 of title 18, cial maritime and territorial jurisdiction of Upon entering into effect, the agreement re- United States Code, is amended to read as the United States, would violate section 2241 ferred to in subsection (a) shall be subject to follows: or 2242); the provisions of the Atomic Energy Act of ‘‘§ 48. Animal crushing ‘‘(2) the term ‘animal crush video’ means 1954 (42 U.S.C. 2011 et seq.) and any other ap- ‘‘(a) OFFENSES.— any photograph, motion-picture film, video plicable United States law as if such agree- ‘‘(1) CRUSHING.—It shall be unlawful for or digital recording, or electronic image ment had come into effect in accordance any person to purposely engage in animal that— with the requirements of section 123 of the crushing in or affecting interstate or foreign ‘‘(A) depicts animal crushing; and Atomic Energy Act of 1954 (42 U.S.C. 2153). commerce or within the special maritime ‘‘(B) is obscene; and ‘‘(3) the term ‘euthanizing an animal’ f and territorial jurisdiction of the United States. means the humane destruction of an animal RESPONSE ACT OF 2016 ‘‘(2) CREATION OF ANIMAL CRUSH VIDEOS.—It accomplished by a method that— ‘‘(A) produces rapid unconsciousness and Mr. BOOZMAN. Mr. President, I ask shall be unlawful for any person to knowingly create an animal crush video, if— subsequent death without evidence of pain or that the Chair lay before the Senate ‘‘(A) the person intends or has reason to distress; or the message from the House to accom- know that the animal crush video will be dis- ‘‘(B) uses anesthesia produced by an agent pany S. 546. tributed in, or using a means or facility of, that causes painless loss of consciousness The Presiding Officer laid before the interstate or foreign commerce; or and subsequent death.’’. Senate the following message from the ‘‘(B) the animal crush video is distributed (b) TECHNICAL AND CONFORMING AMEND- House of Representatives: in, or using a means or facility of, interstate MENT.—The table of sections for chapter 3 of title 18, United States Code, is amended by Resolved, That the bill from the Senate (S. or foreign commerce. ‘‘(3) DISTRIBUTION OF ANIMAL CRUSH VID- striking the item relating to section 48 and 546) entitled ‘‘An Act to establish the Rail- inserting the following: road Emergency Services Preparedness, EOS.—It shall be unlawful for any person to Operational Needs, and Safety Evaluation knowingly sell, market, advertise, exchange, ‘‘48. Animal crushing.’’. (RESPONSE) Subcommittee under the Fed- or distribute an animal crush video in, or The bill (S. 1831), as amended, was or- eral Emergency Management Agency’s Na- using a means or facility of, interstate or dered to be engrossed for a third read- tional Advisory Council to provide rec- foreign commerce. ing, was read the third time, and ommendations on emergency responder ‘‘(b) EXTRATERRITORIAL APPLICATION.—This passed. training and resources relating to hazardous section applies to the knowing sale, mar- f materials incidents involving railroads, and keting, advertising, exchange, distribution, or creation of an animal crush video outside for other purposes.’’, do pass with an amend- FEDERAL LAW ENFORCEMENT ment. of the United States, if— ‘‘(1) the person engaging in such conduct TRAINING CENTERS REFORM Mr. BOOZMAN. Mr. President, I intends or has reason to know that the ani- AND IMPROVEMENT ACT OF 2015 move to concur in the House amend- mal crush video will be transported into the ment; and I ask unanimous consent United States or its territories or posses- that the motion be agreed to, and the sions; or FEDERAL LAW ENFORCEMENT motion to reconsider be considered ‘‘(2) the animal crush video is transported TRAINING CENTERS REFORM made and laid upon the table without into the United States or its territories or AND IMPROVEMENT ACT OF 2016 possessions. intervening action or debate. ‘‘(c) PENALTIES.—Whoever violates this Mr. BOOZMAN. Mr. President, I ask The PRESIDING OFFICER. Without section shall be fined under this title, im- unanimous consent that the Com- objection, it is so ordered. prisoned for not more than 7 years, or both. mittee on the Judiciary be discharged f ‘‘(d) EXCEPTIONS.— from further consideration of H.R. 3842 ‘‘(1) IN GENERAL.—This section does not and S. 2781 and the Senate proceed to PREVENTING ANIMAL CRUELTY apply with regard to any conduct, or a visual their immediate consideration en bloc. AND TORTURE ACT depiction of that conduct, that is— The PRESIDING OFFICER. Without ‘‘(A) a customary and normal veterinary, Mr. BOOZMAN. Mr. President, I ask agricultural husbandry, or other animal objection, it is so ordered. unanimous consent that the Com- management practice; The clerk will report the bills by mittee on the Judiciary be discharged ‘‘(B) the slaughter of animals for food; title. from further consideration of S. 1831 ‘‘(C) hunting, trapping, fishing, a sporting The senior assistant legislative clerk and the Senate proceed to its imme- activity not otherwise prohibited by Federal read as follows: diate consideration. law, predator control, or pest control; A bill (H.R. 3842) to improve homeland se- Without objection, it is so ordered. ‘‘(D) medical or scientific research; curity, including domestic preparedness and The clerk will report the bill by title. ‘‘(E) necessary to protect the life or prop- response to terrorism, by reforming Federal erty of a person; or Law Enforcement Training Centers to pro- The senior assistant legislative clerk ‘‘(F) performed as part of euthanizing an read as follows: vide training to first responders, and for animal. other purposes. A bill (S. 1831) to revise section 48 of title ‘‘(2) GOOD-FAITH DISTRIBUTION.—This sec- A bill (S. 2781) to improve homeland secu- 18, United States Code, and for other pur- tion does not apply to the good-faith dis- rity, including domestic preparedness and re- poses. tribution of an animal crush video to— sponse to terrorism, by reforming Federal There being no objection, the Senate ‘‘(A) a law enforcement agency; or Law Enforcement Training Centers to pro- proceeded to consider the bill. ‘‘(B) a third party for the sole purpose of vide training to first responders, and for analysis to determine if referral to a law en- other purposes. Mr. BOOZMAN. Mr. President, I ask forcement agency is appropriate. unanimous consent that the Toomey ‘‘(3) UNINTENTIONAL CONDUCT.—This section There being no objection, the Senate substitute amendment be agreed to, does not apply to unintentional conduct that proceeded to consider the bills en bloc. the bill, as amended, be read a third injures or kills an animal. Mr. BOOZMAN. Mr. President, I ask time and passed, and the motion to re- ‘‘(4) CONSISTENCY WITH RFRA.—This section unanimous consent that the Perdue consider be considered made and laid shall be enforced in a manner that is con- amendments be agreed to, and the upon the table. sistent with section 3 of the Religious Free- bills, as amended, be considered read a The PRESIDING OFFICER. Without dom Restoration Act of 1993 (42 U.S.C. third time. 2000bb–1). objection, it is so ordered. ‘‘(e) NO PREEMPTION.—Nothing in this sec- The PRESIDING OFFICER. Without The amendment (No. 5169) in the nation shall be construed to preempt the law of objection, it is so ordered. ture of a substitute was agreed to, as any State or local subdivision thereof to pro- The amendments (Nos. 5171 and 5170) follows: tect animals. were agreed to, as follows:

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00174 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.089 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7105

AMENDMENT NO. 5171 ‘‘(4) monitor progress toward strategic and ture protection, cybersecurity, and other re- (Purpose: To improve the bill) tactical FLETC plans regarding training cur- lated programs of the Department and with On page 3, line 19, insert ‘‘delegated’’ after ricula, including curricula related to domes- private sector stakeholders, including crit- ‘‘carry out’’. tic preparedness and response to threats or ical infrastructure owners and operators, to On page 4, strike lines 5 through 12 and in- acts of terrorism, and facilities; provide training pertinent to improving co- sert the following: ‘‘(5) ensure the timely dissemination of ordination, security, and resiliency of crit- ‘‘(B) maximizes opportunities for small homeland security information as necessary ical infrastructure. business participation; to Federal, State, local, tribal, territorial, ‘‘(B) PROVISION OF INFORMATION.—The Di- On page 11, beginning on line 25, strike and international law enforcement and secu- rector shall provide to the Committee on ‘‘and to compensate such employees for time rity agencies and the private sector to Homeland Security of the House of Rep- spent traveling from their homes to work achieve the training goals for such entities, resentatives and the Committee on Home- sites’’. in accordance with paragraph (1); land Security and Governmental Affairs of ‘‘(6) carry out delegated acquisition re- the Senate, upon request, information on ac- AMENDMENT NO. 5170 sponsibilities in a manner that— tivities undertaken in the previous year pur- (Purpose: To improve the bill) ‘‘(A) fully complies with— suant to subparagraph (A). On page 3, line 15, insert ‘‘delegated’’ after ‘‘(i) Federal law; ‘‘(5) FLETC DETAILS TO DHS.—The Director ‘‘carry out’’. ‘‘(ii) the Federal Acquisition Regulation, On page 4, strike lines 1 through 8 and in- including requirements regarding agency ob- may detail employees of FLETC to positions sert the following: ligations to contract only with responsible throughout the Department in furtherance ‘‘(B) maximizes opportunities for small prospective contractors; and of improving the effectiveness and quality of business participation; ‘‘(iii) Department acquisition management training provided by the Department and, as On page 11, beginning on line 20, strike directives; and appropriate, the development of critical de- ‘‘and to compensate such employees for time ‘‘(B) maximizes opportunities for small partmental programs and initiatives. spent traveling from their homes to work business participation; ‘‘(6) DETAIL OF INSTRUCTORS TO FLETC.— sites’’. ‘‘(7) coordinate and share information with Partner organizations that wish to partici- The amendment was ordered to be the heads of relevant components and offices pate in FLETC training programs shall assign nonreimbursable detailed instructors to engrossed, and the bill to be read a on digital learning and training resources, as appropriate; FLETC for designated time periods to sup- third time. ‘‘(8) advise the Secretary on matters relat- port all training programs at FLETC, as ap- The bill was read the third time. ing to executive level policy and program ad- propriate. The Director shall determine the The bill was ordered to be engrossed ministration of Federal, State, local, tribal, number of detailed instructors that is pro- for a third reading and was read the territorial, and international law enforce- portional to the number of training hours re- third time. ment and security training activities and quested by each partner organization sched- Mr. BOOZMAN. Mr. President, I private sector security agency training ac- uled by FLETC for each fiscal year. If a part- know of no further debate on the meas- tivities, including training activities related ner organization is unable to provide a pro- ures. to domestic preparedness and response to portional number of detailed instructors, The PRESIDING OFFICER. If there threats or acts of terrorism; such partner organization shall reimburse ‘‘(9) collaborate with the Secretary and rel- is no further debate, the bills having FLETC for the salary equivalent for such de- evant officials at other Federal departments tailed instructors, as appropriate. been read the third time, the question and agencies, as appropriate, to improve ‘‘(7) PARTNER ORGANIZATION EXPENSES RE- is, Shall the bills pass en bloc? international instructional development, QUIREMENTS.— The bill (H.R. 3842), as amended, was training, and technical assistance provided ‘‘(A) IN GENERAL.—Partner organizations passed. by the Federal Government to foreign law shall be responsible for the following ex- The bill (S. 2781), as amended, was enforcement; and penses: passed, as follows: ‘‘(10) carry out such other functions as the ‘‘(i) Salaries, travel expenses, lodging ex- Secretary determines are appropriate. S. 2781 penses, and miscellaneous per diem allow- ‘‘(d) TRAINING RESPONSIBILITIES.— Be it enacted by the Senate and House of Rep- ances of their personnel attending training ‘‘(1) IN GENERAL.—The Director is author- courses at FLETC. resentatives of the United States of America in ized to provide training to employees of Fed- ‘‘(ii) Salaries and travel expenses of in- Congress assembled, eral agencies who are engaged, directly or instructors and support personnel involved in SECTION 1. SHORT TITLE. directly, in homeland security operations or conducting advanced training at FLETC for This Act may be cited as the ‘‘Federal Law Federal law enforcement activities, includ- partner organization personnel and the cost Enforcement Training Centers Reform and ing such operations or activities related to of expendable supplies and special equipment Improvement Act of 2016’’. domestic preparedness and response to threats or acts of terrorism. In carrying out for such training, unless such supplies and SEC. 2. FEDERAL LAW ENFORCEMENT TRAINING equipment are common to FLETC-conducted CENTERS. such training, the Director shall— training and have been included in FLETC’s (a) ESTABLISHMENT.—Section 884 of the ‘‘(A) evaluate best practices of law enforce- budget for the applicable fiscal year. Homeland Security Act of 2002 (6 U.S.C. 464) ment training methods and curriculum con- ‘‘(B) EXCESS BASIC AND ADVANCED FEDERAL is amended to read as follows: tent to maintain state-of-the-art expertise in adult learning methodology; TRAINING.—All hours of advanced training ‘‘SEC. 884. FEDERAL LAW ENFORCEMENT TRAIN- and hours of basic training provided in ex- ING CENTERS. ‘‘(B) provide expertise and technical assist- cess of the training for which appropriations ‘‘(a) ESTABLISHMENT.—The Secretary shall ance, including on domestic preparedness maintain in the Department the Federal Law and response to threats or acts of terrorism, were made available shall be paid by the Enforcement Training Centers (referred to in to Federal, State, local, tribal, territorial, partner organizations and provided to this section as ‘FLETC’), headed by a Direc- and international law enforcement and secu- FLETC on a reimbursable basis in accord- tor, who shall report to the Secretary. rity agencies and private sector security ance with section 4104 of title 5, United ‘‘(b) POSITION.—The Director shall occupy agencies; and States Code. a career-reserved position within the Senior ‘‘(C) maintain a performance evaluation ‘‘(8) PROVISION OF NON-FEDERAL TRAINING.— Executive Service. process for students. ‘‘(A) IN GENERAL.—The Director is author- ‘‘(c) FUNCTIONS OF THE DIRECTOR.—The Di- ‘‘(2) RELATIONSHIP WITH LAW ENFORCEMENT ized to charge and retain fees that would pay rector shall— AGENCIES.—The Director shall consult with for its actual costs of the training for the ‘‘(1) develop training goals and establish relevant law enforcement and security agen- following: strategic and tactical organizational pro- cies in the development and delivery of ‘‘(i) State, local, tribal, and territorial law gram plans and priorities; FLETC’s training programs. enforcement personnel. ‘‘(2) provide direction and management for ‘‘(3) TRAINING DELIVERY LOCATIONS.—The ‘‘(ii) Foreign law enforcement officials, in- FLETC’s training facilities, programs, and training required under paragraph (1) may be cluding provision of such training at the support activities while ensuring that orga- conducted at FLETC facilities, at appro- International Law Enforcement Academies nizational program goals and priorities are priate off-site locations, or by distributed wherever established. executed in an effective and efficient man- learning. ‘‘(iii) Private sector security officers, par- ner; ‘‘(4) STRATEGIC PARTNERSHIPS.— ticipants in the Federal Flight Deck Officer ‘‘(3) develop homeland security and law en- ‘‘(A) IN GENERAL.—The Director may— program under section 44921 of title 49, forcement training curricula, including cur- ‘‘(i) execute strategic partnerships with United States Code, and other appropriate ricula related to domestic preparedness and State and local law enforcement to provide private sector individuals. response to threats or acts of terrorism, for such law enforcement with specific training, ‘‘(B) WAIVER.—The Director may waive the Federal, State, local, tribal, territorial, and including maritime law enforcement train- requirement for reimbursement of any cost international law enforcement and security ing; and under this section and shall maintain agencies and private sector security agen- ‘‘(ii) coordinate with the Under Secretary records regarding the reasons for any re- cies; responsible for overseeing critical infrastruc- quirements so waived.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00175 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.091 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7106 CONGRESSIONAL RECORD — SENATE December 9, 2016

‘‘(9) REIMBURSEMENT.—The Director is au- ‘‘(B) purchase and lease passenger motor Mariana Islands, and any possession of the thorized to reimburse travel or other ex- vehicles, including vehicles for police-type United States. penses for non-Federal personnel who attend use; ‘‘(11) STUDENT INTERN.—The term ‘student activities related to training sponsored by ‘‘(6) provide room and board for student in- intern’ means any eligible baccalaureate or FLETC, at travel and per diem rates estab- terns; and graduate degree student participating in lished by the General Services Administra- ‘‘(7) expend funds each fiscal year to honor FLETC’s College Intern Program. tion. and memorialize FLETC graduates who have ‘‘(h) PROHIBITION ON NEW FUNDING.—No ‘‘(10) STUDENT SUPPORT.—In furtherance of died in the line of duty. funds are authorized to carry out this sec- its training mission, the Director is author- ‘‘(g) DEFINITIONS.—In this section: tion. This section shall be carried out using ized to provide the following support to stu- ‘‘(1) BASIC TRAINING.—The term ‘basic amounts otherwise appropriated or made dents: training’ means the entry-level training re- available for such purpose.’’. ‘‘(A) Athletic and related activities. quired to instill in new Federal law enforce- (b) CLERICAL AMENDMENT.—The table of ‘‘(B) Short-term medical services. ment personnel fundamental knowledge of contents in section 1(b) of the Homeland Se- ‘‘(C) Chaplain services. criminal laws, law enforcement and inves- curity Act of 2002 is amended by amending ‘‘(11) AUTHORITY TO HIRE FEDERAL ANNU- tigative techniques, laws and rules of evi- the item relating to section 884 to read as ITANTS.— dence, rules of criminal procedure, constitu- follows: ‘‘(A) IN GENERAL.—Notwithstanding any tional rights, search and seizure, and related ‘‘Sec. 884. Federal Law Enforcement Train- other provision of law, the Director is au- issues. ing Centers.’’. thorized to appoint and maintain, as nec- ‘‘(2) DETAILED INSTRUCTORS.—The term ‘de- Mr. BOOZMAN. Mr. President, I ask essary, Federal annuitants who have expert tailed instructors’ means personnel who are knowledge and experience to meet the train- unanimous consent that the motions to assigned to the Federal Law Enforcement reconsider be considered made and laid ing responsibilities under this subsection. Training Centers for a period of time to ‘‘(B) NO REDUCTION IN RETIREMENT PAY.—A serve as instructors for the purpose of con- upon the table, all en bloc. Federal annuitant employed pursuant to this ducting basic and advanced training. The PRESIDING OFFICER. Without paragraph shall not be subject to any reduc- ‘‘(3) DIRECTOR.—The term ‘Director’ means objection, it is so ordered. tion in pay for annuity allocable to the pe- the Director of the Federal Law Enforcement f riod of actual employment under the provi- Training Centers. sions of section 8344 or 8468 of title 5, United ‘‘(4) DISTRIBUTED LEARNING.—The term ‘dis- GAO MANDATES REVISION ACT OF States Code, or similar provisions of any tributed learning’ means education in which 2016 other retirement system for employees. students take academic courses by accessing Mr. BOOZMAN. Mr. President, I ask ‘‘(C) RE-EMPLOYED ANNUITANTS.—A Federal information and communicating with the in- unanimous consent that the Senate annuitant employed pursuant to this para- structor, from various locations, on an indi- graph shall not be considered an employee vidual basis, over a computer network or via proceed to the immediate consider- for purposes of subchapter III of chapter 83 other technologies. ation of Calendar No. 639, H.R. 5687. or chapter 84 of title 5, United States Code, ‘‘(5) EMPLOYEE.—The term ‘employee’ has The PRESIDING OFFICER. The or such other retirement system (referred to the meaning given such term in section 2105 clerk will report the bill by title. in subparagraph (B)) as may apply. of title 5, United States Code. The senior assistant legislative clerk ‘‘(D) COUNTING.—Federal annuitants shall ‘‘(6) FEDERAL AGENCY.—The term ‘Federal read as follows: be counted on a full-time equivalent basis. agency’ means— A bill (H.R. 5687) to eliminate or modify ‘‘(E) LIMITATION.—No appointment under ‘‘(A) an Executive Department as defined this paragraph may be made which would re- certain mandates of the Government Ac- in section 101 of title 5, United States Code; countability Office. sult in the displacement of any employee. ‘‘(B) an independent establishment as de- ‘‘(12) TRAVEL FOR INTERMITTENT EMPLOY- fined in section 104 of title 5, United States There being no objection, the Senate EES.—The Director is authorized to reim- Code; proceeded to consider the bill. burse intermittent Federal employees trav- ‘‘(C) a Government corporation as defined Mr. BOOZMAN. Mr. President, I ask eling from outside a commuting distance (to in section 9101 of title 31, United States unanimous consent that the bill be be predetermined by the Director) for travel Code; read a third time and passed and the expenses. ‘‘(D) the Government Printing Office; motion to reconsider be considered ‘‘(e) ON-FLETC HOUSING.—Notwith- ‘‘(E) the United States Capitol Police; made and laid upon the table. standing any other provision of law, individ- ‘‘(F) the United States Supreme Court Po- The PRESIDING OFFICER. Without uals attending training at any FLETC facil- lice; and ‘‘(G) Government agencies with law en- objection, it is so ordered. ity shall, to the extent practicable and in ac- The bill (H.R. 5687) was ordered to a cordance with FLETC policy, reside in on- forcement related duties. ‘‘(7) LAW ENFORCEMENT PERSONNEL.—The third reading, was read the third time, FLETC or FLETC-provided housing. term ‘law enforcement personnel’ means an and passed. ‘‘(f) ADDITIONAL FISCAL AUTHORITIES.—In individual, including criminal investigators f order to further the goals and objectives of (commonly known as ‘agents’) and uni- FLETC, the Director is authorized to— formed police (commonly known as ‘offi- MARINE DEBRIS ACT ‘‘(1) expend funds for public awareness and cers’), who has statutory authority to AMENDMENTS OF 2016 to enhance community support of law en- search, seize, make arrests, or to carry fire- Mr. BOOZMAN. Mr. President, I ask forcement training, including the advertise- arms. unanimous consent that the Senate ment of available law enforcement training ‘‘(8) LOCAL.—The term ‘local’ means— programs; ‘‘(A) of or pertaining to any county, parish, proceed to the immediate consider- ‘‘(2) accept and use gifts of property, both municipality, city, town, township, rural ation of Calendar No. 691, S. 3086. real and personal, and to accept gifts of serv- community, unincorporated town or village, The PRESIDING OFFICER. The ices, for purposes that promote the functions local public authority, educational institu- clerk will report the bill by title. of the Director pursuant to subsection (c) tion, special district, intrastate district, The senior assistant legislative clerk and the training responsibilities of the Di- council of governments (regardless of wheth- read as follows: rector under subsection (d); er the council of governments is incor- A bill (S. 3086) to reauthorize and amend ‘‘(3) accept reimbursement from other Fed- porated as a nonprofit corporation under the Marine Debris Act to promote inter- eral agencies for the construction or renova- State law), regional or interstate govern- national action to reduce marine debris and tion of training and support facilities and ment entity, any agency or instrumentality for other purposes. the use of equipment and technology on gov- of a local government, or any other political ernment-owned property; subdivision of a State; and There being no objection, the Senate ‘‘(4) obligate funds in anticipation of reim- ‘‘(B) an Indian tribe or authorized tribal proceeded to consider the bill, which bursements from agencies receiving training organization, or in Alaska a Native village had been reported from the Committee at FLETC, except that total obligations at or Alaska Regional Native Corporation. on Commerce, Science, and Transpor- the end of a fiscal year may not exceed total ‘‘(9) PARTNER ORGANIZATION.—The term tation, with an amendment to strike budgetary resources available at the end of ‘partner organization’ means any Federal all after the enacting clause and insert such fiscal year; agency participating in FLETC’s training ‘‘(5) in accordance with the purchasing au- programs under a formal memorandum of in lieu thereof the following: thority provided under section 505 of the De- understanding. SECTION 1. SHORT TITLE. partment of Homeland Security Appropria- ‘‘(10) STATE.—The term ‘State’ means any This Act may be cited as the ‘‘Marine Debris tions Act, 2004 (Public Law 108–90; 6 U.S.C. State of the United States, the District of Act Amendments of 2016’’. 453a)— Columbia, the Commonwealth of Puerto SEC. 2. NOAA MARINE DEBRIS PROGRAM. ‘‘(A) purchase employee and student uni- Rico, the Virgin Islands, Guam, American Subsection (b) of section 3 of the Marine De- forms; and Samoa, the Commonwealth of the Northern bris Act (33 U.S.C. 1952(b)) is amended—

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00176 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.092 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7107 (1) in paragraph (4), by striking ‘‘and’’ at the the authority of this subsection shall not ex- that there is a severe marine debris event, end; ceed 75 percent of the cost of that activity.’’. the Administrator is authorized to make (2) in paragraph (5)(C), by striking the period SEC. 4. SENSE OF CONGRESS ON INTERNATIONAL sums available to be used by the affected at the end and inserting a semicolon; and ENGAGEMENT TO RESPOND TO MA- State or by the Administrator in cooperation (3) by adding at the end the following: RINE DEBRIS. with the affected State— ‘‘(6) work with other Federal agencies to de- It is the sense of Congress that the Presi- ‘‘(A) to assist in the cleanup and response velop outreach and education strategies to ad- dent should— required by the severe marine debris event; dress both land- and sea-based sources of ma- (1) work with representatives of foreign or rine debris; and countries that produce the largest amounts ‘‘(B) such other activity as the Adminis- ‘‘(7) work with the Department of State and of unmanaged municipal solid waste that trator determines is appropriate in response other Federal agencies to promote international reaches the ocean to learn about, and find to the severe marine debris event. action to reduce the incidence of marine de- solutions to, the contributions of such coun- ‘‘(3) FEDERAL SHARE.—The Federal share of bris.’’. tries to marine debris in the world’s oceans; the cost of any activity carried out under SEC. 3. INCLUSION OF DEPARTMENT OF STATE (2) carry out studies to determine— the authority of this subsection shall not ex- ON THE INTERAGENCY MARINE DE- (A) the primary means by which solid ceed 75 percent of the cost of that activity.’’. BRIS COORDINATING COMMITTEE. waste enters the oceans; Section 5(b) of the Marine Debris Act (33 (B) the manner in which waste manage- SEC. 4. SENSE OF CONGRESS ON INTERNATIONAL U.S.C. 1954(b)) is amended— ment infrastructure can be most effective in ENGAGEMENT TO RESPOND TO MA- (1) in paragraph (4), by striking ‘‘; and’’ and preventing debris from reaching the oceans; RINE DEBRIS. inserting a semicolon; (2) by redesignating paragraph (5) as para- (C) the long-term economic impacts of ma- It is the sense of Congress that the Presi- graph (6); and rine debris on the national economies of each dent should— (3) by inserting after paragraph (4) the fol- country set out in paragraph (1) and on the (1) work with representatives of foreign lowing: global economy; and countries that produce the largest amounts ‘‘(5) the Department of State; and’’. (D) the economic benefits of decreasing the of unmanaged municipal solid waste that SEC. 4. AUTHORIZATION OF APPROPRIATIONS. amount of marine debris in the oceans; reaches the ocean to learn about, and find Section 9 of the Marine Debris Act (33 U.S.C. (3) work with representatives of foreign solutions to, the contributions of such coun- 1958) is amended to read as follows: countries that produce the largest amounts tries to marine debris in the world’s oceans; ‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS. of unmanaged municipal solid waste that (2) carry out studies to determine— ‘‘There are authorized to be appropriated for reaches the ocean to conclude one or more (A) the primary means by which solid each fiscal year 2017 through 2021— new international agreements— waste enters the oceans; ‘‘(1) to the Administrator for carrying out sec- (A) to mitigate the risk of land-based ma- (B) the manner in which waste manage- tions 3, 5, and 6, $10,000,000, of which no more rine debris contributed by such countries ment infrastructure can be most effective in than 10 percent may be for administrative costs; reaching an ocean; and preventing debris from reaching the oceans; and (B) to increase technical assistance and in- (C) the long-term economic impacts of ma- ‘‘(2) to the Secretary of the Department in vestment in waste management infrastruc- rine debris on the national economies of each ture, if the President determines appro- which the Coast Guard is operating, for the use country set out in paragraph (1) and on the priate; and of the Commandant of the Coast Guard in car- global economy; and (4) consider the benefits and appropriate- rying out section 4, $2,000,000, of which no more (D) the economic benefits of decreasing the ness of having a senior official of the Depart- than 10 percent may be used for administrative amount of marine debris in the oceans; ment of State serve as a permanent member costs.’’. (3) work with representatives of foreign of the Interagency Marine Debris Coordi- Mr. BOOZMAN. Mr. President, I ask countries that produce the largest amounts nating Committee established under section unanimous consent that the Sullivan of unmanaged municipal solid waste that 5 of the Marine Debris Act (33 U.S.C. 1954). amendment at the desk be agreed to, reaches the ocean to conclude one or more the committee-reported substitute The committee-reported amendment new international agreements— amendment, as amended, be agreed to, in the nature of a substitute, as amend- (A) to mitigate the risk of land-based ma- the bill, as amended, be considered ed, was agreed to. rine debris contributed by such countries The bill (S. 3086), as amended, was or- read a third time and passed, and the reaching an ocean; and dered to be engrossed for a third read- (B) to increase technical assistance and in- motion to reconsider be considered ing, was read the third time, and vestment in waste management infrastruc- made and laid upon the table. ture, if the President determines appro- The PRESIDING OFFICER. Without passed, as follows: S. 3086 priate; and objection, it is so ordered. (4) consider the benefits and appropriate- The amendment (No. 5172) was agreed Be it enacted by the Senate and House of Rep- resentatives of the United States of America in ness of having a senior official of the Depart- to, as follows: Congress assembled, ment of State serve as a permanent member (Purpose: To authorize the Administrator of SECTION 1. SHORT TITLE. of the Interagency Marine Debris Coordi- the National Oceanic and Atmospheric Ad- This Act may be cited as the ‘‘Marine De- nating Committee established under section ministration to assist with cleanup and re- bris Act Amendments of 2016’’. 5 of the Marine Debris Act (33 U.S.C. 1954). sponse required by severe marine debris SEC. 2. NOAA MARINE DEBRIS PROGRAM. SEC. 5. INCLUSION OF DEPARTMENT OF STATE events) Subsection (b) of section 3 of the Marine ON THE INTERAGENCY MARINE DE- At the appropriate place, insert the fol- Debris Act (33 U.S.C. 1952(b)) is amended— BRIS COORDINATING COMMITTEE. lowing: (1) in paragraph (4), by striking ‘‘and’’ at Section 5(b) of the Marine Debris Act (33 SEC. 3. ASSISTANCE FOR SEVERE MARINE DE- the end; U.S.C. 1954(b)) is amended— BRIS EVENTS. (2) in paragraph (5)(C), by striking the pe- (1) in paragraph (4), by striking ‘‘; and’’ and Section 3 of the Marine Debris Act (33 riod at the end and inserting a semicolon; U.S.C. 1952) is amended by adding at the end and inserting a semicolon; the following new subsection: (3) by adding at the end the following: (2) by redesignating paragraph (5) as para- ‘‘(d) ASSISTANCE FOR SEVERE MARINE DE- ‘‘(6) work with other Federal agencies to graph (6); and BRIS EVENTS.— develop outreach and education strategies to (3) by inserting after paragraph (4) the fol- ‘‘(1) IN GENERAL.—At the discretion of the address both land- and sea-based sources of lowing: Administrator or at the request of the Gov- marine debris; and ‘‘(5) the Department of State; and’’. ernor of an affected State, the Administrator ‘‘(7) work with the Department of State SEC. 6. AUTHORIZATION OF APPROPRIATIONS. shall determine whether there is a severe and other Federal agencies to promote inter- Section 9 of the Marine Debris Act (33 marine debris event. national action to reduce the incidence of ‘‘(2) ASSISTANCE.—If the Administrator marine debris.’’. U.S.C. 1958) is amended to read as follows: makes a determination under paragraph (1) SEC. 3. ASSISTANCE FOR SEVERE MARINE DE- ‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS. that there is a severe marine debris event, BRIS EVENTS. the Administrator is authorized to make Section 3 of the Marine Debris Act (33 ‘‘There are authorized to be appropriated sums available to be used by the affected U.S.C. 1952) is amended by adding at the end for each fiscal year 2017 through 2021— State or by the Administrator in cooperation the following new subsection: ‘‘(1) to the Administrator for carrying out with the affected State— ‘‘(d) ASSISTANCE FOR SEVERE MARINE DE- sections 3, 5, and 6, $10,000,000, of which no ‘‘(A) to assist in the cleanup and response BRIS EVENTS.— more than 10 percent may be for administra- required by the severe marine debris event; ‘‘(1) IN GENERAL.—At the discretion of the tive costs; and or Administrator or at the request of the Gov- ‘‘(2) to the Secretary of the Department in ‘‘(B) such other activity as the Adminis- ernor of an affected State, the Administrator which the Coast Guard is operating, for the trator determines is appropriate in response shall determine whether there is a severe use of the Commandant of the Coast Guard to the severe marine debris event. marine debris event. in carrying out section 4, $2,000,000, of which ‘‘(3) FEDERAL SHARE.—The Federal share of ‘‘(2) ASSISTANCE.—If the Administrator no more than 10 percent may be used for ad- the cost of any activity carried out under makes a determination under paragraph (1) ministrative costs.’’.

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00177 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.094 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7108 CONGRESSIONAL RECORD — SENATE December 9, 2016 DEPARTMENT OF VETERANS AF- DANIEL L. KINNARD VA CLINIC The PRESIDING OFFICER. Without FAIRS BONUS TRANSPARENCY Mr. BOOZMAN. Mr. President, I ask objection, it is so ordered. ACT OF 2016 unanimous consent that the Com- The clerk will report the bill by title. Mr. BOOZMAN. Mr. President, I ask mittee on Veterans’ Affairs be dis- The senior assistant legislative clerk unanimous consent that the Com- charged from further consideration of read as follows: mittee on Veterans’ Affairs be dis- H.R. 960 and the Senate proceed to its A bill (H.R. 3784) to amend the Securities charged from further consideration of immediate consideration. Exchange Act of 1934 to establish an Office of S. 3112 and the Senate proceed to its The PRESIDING OFFICER. Without the Advocate for Small Business Capital For- mation and a Small Business Capital Forma- immediate consideration. objection, it is so ordered. The PRESIDING OFFICER. Without tion Advisory Committee, and for other pur- The clerk will report the bill by title. poses. objection, it is so ordered. The senior assistant legislative clerk There being no objection, the Senate The clerk will report the bill by title. read as follows: The senior assistant legislative clerk proceeded to consider the bill. read as follows: A bill (H.R. 960) to designate the Depart- Mr. BOOZMAN. Mr. President, I ask ment of Veterans Affairs community-based unanimous consent that the bill be A bill (S. 3112) to amend title 38, United outpatient clinic in Newark, Ohio, as the States Code, to require the Secretary of Vet- Daniel L. Kinnard VA Clinic. read a third time and passed and the erans Affairs to submit an annual report re- motion to reconsider be considered garding performance awards and bonuses There being no objection, the Senate made and laid upon the table with no awarded to certain high-level employees of proceeded to consider the bill. intervening action or debate. the Department of Veterans Affairs. Mr. BOOZMAN. Mr. President, I ask The PRESIDING OFFICER. Without There being no objection, the Senate unanimous consent that the bill be objection, it is so ordered. proceeded to consider the bill. considered read a third time and passed The bill (H.R. 3784) was ordered to a Mr. BOOZMAN. Mr. President, I ask and the motion to reconsider be consid- third reading, was read the third time, unanimous consent that the bill be ered made and laid upon the table. and passed. considered read a third time and passed The PRESIDING OFFICER. Without objection, it is so ordered. and the motion to reconsider be consid- f ered made and laid upon the table. The bill (H.R. 960) was ordered to a The PRESIDING OFFICER. Without third reading, was read the third time, objection, it is so ordered. and passed. SIDNEY OSLIN SMITH, JR. FED- The bill (S. 3112) was ordered to be ERAL BUILDING AND UNITED f engrossed for a third reading, was read STATES COURTHOUSE the third time, and passed, as follows: APOLLO 11 50TH ANNIVERSARY Mr. BOOZMAN. Mr. President, I ask S. 3112 COMMEMORATIVE COIN ACT unanimous consent that the Com- Be it enacted by the Senate and House of Rep- Mr. BOOZMAN. Mr. President, I ask mittee on Environment and Public resentatives of the United States of America in unanimous consent that the Senate Works be discharged from further con- Congress assembled, proceed to the immediate consider- sideration of H.R. 4618 and the Senate SECTION 1. SHORT TITLE. ation of H.R. 2726, which was received proceed to its immediate consider- This Act may be cited as the ‘‘Department ation. of Veterans Affairs Bonus Transparency Act from the House. of 2016’’. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without SEC. 2. ANNUAL REPORT ON PERFORMANCE clerk will report the bill by title. objection, it is so ordered. AWARDS AND BONUSES AWARDED The senior assistant legislative clerk The clerk will report the bill by title. TO CERTAIN HIGH-LEVEL EMPLOY- read as follows: The senior assistant legislative clerk EES OF THE DEPARTMENT OF VET- read as follows: ERANS AFFAIRS. A bill (H.R. 2726) to require the Secretary (a) IN GENERAL.—Chapter 7 of title 38, of the Treasury to mint commemorative A bill (H.R. 4618) to designate the Federal United States Code, is amended by adding at coins in recognition of the 50th anniversary building and United States courthouse lo- the end the following new section: of the first manned landing on the Moon. cated at 121 Spring Street SE in Gainesville, ‘‘§ 714. Annual report on performance awards There being no objection, the Senate Georgia, as the ‘‘Sidney Oslin Smith, Jr. and bonuses awarded to certain high-level Federal Building and United States Court- proceeded to consider the bill. house.’’ employees Mr. BOOZMAN. Mr. President, I ask ‘‘(a) IN GENERAL.—Not later than 30 days unanimous consent that the bill be There being no objection, the Senate after the end of each fiscal year, the Sec- considered read a third time. proceeded to consider the bill. retary shall submit to the Committee on The PRESIDING OFFICER. Without Mr. BOOZMAN. Mr. President, I ask Veterans’ Affairs and the Committee on Ap- unanimous consent that the bill be propriations of the Senate and the Com- objection, it is so ordered. The bill was ordered to a third read- considered read a third time and passed mittee on Veterans’ Affairs and the Com- and the motion to reconsider be consid- mittee on Appropriations of the House of ing and was read the third time. Representatives a report that contains, for Mr. BOOZMAN. Mr. President, I ered made and laid upon the table. the most recent fiscal year ending before the know of no further debate on the bill. The PRESIDING OFFICER. Without submittal of the report, a description of the The PRESIDING OFFICER. The bill objection, it is so ordered. performance awards and bonuses awarded to having been read the third time, the The bill (H.R. 4618) was ordered to a Regional Office Directors of the Department, question is, Shall it pass? third reading, was read the third time, Directors of Medical Centers of the Depart- and passed. ment, and Directors of Veterans Integrated The bill (H.R. 2726) was passed. Service Networks. Mr. BOOZMAN. Mr. President, I ask f ‘‘(b) ELEMENTS.—Each report submitted unanimous consent that the motion to under subsection (a) shall include the fol- reconsider be considered made and laid lowing with respect to each performance upon the table. BOTTLES AND BREASTFEEDING award or bonus awarded to an individual de- The PRESIDING OFFICER. Without EQUIPMENT SCREENING ACT scribed in such subsection: ‘‘(1) The amount of each award or bonus. objection, it is so ordered. Mr. BOOZMAN. Mr. President, I ask ‘‘(2) The job title of the individual awarded f unanimous consent that the Com- the award or bonus. mittee on Commerce, Science, and ‘‘(3) The location where the individual SEC SMALL BUSINESS ADVOCATE Transportation be discharged from fur- awarded the award or bonus works.’’. ACT OF 2016 ther consideration of H.R. 5065 and the (b) CLERICAL AMENDMENT.—The table of Mr. BOOZMAN. Mr. President, I ask Senate proceed to its immediate con- sections at the beginning of chapter 7 of such unanimous consent that the Com- sideration. title is amended by inserting after the item relating to section 713 the following new mittee on Banking, Housing, and The PRESIDING OFFICER. Without item: Urban Affairs be discharged from fur- objection, it is so ordered. ‘‘714. Annual report on performance awards ther consideration of H.R. 3784 and the The clerk will report the bill by title. and bonuses awarded to certain Senate proceed to its immediate con- The senior assistant legislative clerk high-level employees.’’. sideration. read as follows:

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00178 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.201 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7109 A bill (H.R. 5065) to direct the Adminis- There being no objection, the Senate Mr. ISAKSON. Mr. President, I ask trator of the Transportation Security Ad- proceeded to consider the resolution. unanimous consent to have printed in ministration to notify air carriers and secu- Mr. BOOZMAN. Mr. President, I fur- the RECORD the Joint Explanatory rity screening personnel of the Transpor- ther ask unanimous consent that the Statement in relation to H.R. 6416, the tation Security Administration of such Ad- ministration’s guidelines regarding permit- resolution be agreed to, the preamble Jeff Miller and Richard Blumenthal ting baby formula, breast milk, purified de- be agreed to, and the motions to recon- Veterans Health Care and Benefits Im- ionized water, and juice on airplanes, and for sider be considered made and laid upon provement Act of 2016. other purposes. the table with no intervening action or There being no objection, the mate- There being no objection, the Senate debate. rial was ordered to be printed in the proceeded to consider the bill. The PRESIDING OFFICER. Without RECORD, as follows: Mr. BOOZMAN. Mr. President, I ask objection, it is so ordered. f unanimous consent that the bill be The resolution (S. Res. 335) was JOINT EXPLANATORY STATEMENT considered read a third time and passed agreed to. FOR H.R. 6416, THE JEFF MILLER and the motion to reconsider be consid- The preamble was agreed to. AND RICHARD BLUMENTHAL ered made and laid upon the table. (The resolution, with its preamble, is HEALTH CARE AND BENEFITS The PRESIDING OFFICER. Without printed in the RECORD of December 15, IMPROVEMENT ACT OF 2016 objection, it is so ordered. 2015, under ‘‘Submitted Resolutions.’’) The bill (H.R. 5065) was ordered to a f H.R. 6416 reflects a Compromise Agreement reached by the Committee on Veterans’ Af- third reading, was read the third time, INCREASING THE DEPARTMENT OF and passed. fairs of the Senate and House of Representa- VETERANS AFFAIRS ACCOUNT- tives on the following bills introduced during f ABILITY TO VETERANS ACT OF the 114th Congress: S. 244, S. 425 as amended, UNITED STATES-ISRAEL AD- 2015 S. 1203 as amended, S. 1731 as amended, S. VANCED RESEARCH PARTNER- Mr. BOOZMAN. Mr. President, I ask 2921, S. 3021, S. 3438 as amended, H.R. 272, SHIP ACT OF 2016 H.R. 421 as amended, H.R. 627, H.R. 675 as unanimous consent that the Com- amended, H.R. 677 as amended, H.R. 1313, Mr. BOOZMAN. Mr. President, I ask mittee on Veterans’ Affairs be dis- H.R. 1338 as amended, H.R. 1384, H.R. 1607 as unanimous consent that the Senate charged from further consideration of amended, H.R. 1769 as amended, H.R. 1994 as proceed to the immediate consider- S. 290 and the Senate proceed to its im- amended, H.R. 2256 as amended, H.R. 2360 as ation of H.R. 5877, which was received mediate consideration. amended, H.R. 2915 as amended, H.R. 3016 as from the House. The PRESIDING OFFICER. Without amended, H.R. 3106 as amended, H.R. 3216, H.R. 3715 as amended, H.R. 4011, H.R. 4150 as The PRESIDING OFFICER. The objection, it is so ordered. The clerk will report the bill by title. amended, H.R. 4757 as amended, H.R. 5047, clerk will report the bill by title. H.R. 5099 as amended, H.R. 5229 as amended, The senior assistant legislative clerk The senior assistant legislative clerk H.R. 5286, and H.R. 5526. read as follows: read as follows: S. 425 as amended was ordered favorably A bill (H.R. 5877) to amend the Homeland A bill (S. 290) to amend title 38, United reported out of the Committee on Veterans’ Security Act of 2002 and the United States- States Code, to improve the accountability Affairs of the Senate on December 9, 2015, Israel Strategic Partnership Act of 2014 to of employees of the Department of Veterans and was reported out on December 7, 2016; S. promote cooperative homeland security re- Affairs, and for other purposes. 1203 as amended passed the Senate on No- search and antiterrorism programs relating There being no objection, the Senate vember 10, 2015; S. 1731 as amended passed to cybersecurity, and for other purposes. proceeded to consider the bill. the Senate on October 29, 2015; S. 2921, which There being no objection, the Senate incorporated provisions derived from numer- Mr. BOOZMAN. Mr. President, I ask ous House and Senate bills listed above, was proceeded to consider the bill. unanimous consent that the Moran introduced on May 11, 2016, and was reported Mr. BOOZMAN. Mr. President, I ask substitute amendment be agreed to; out of the Committee on Veterans’ Affairs of unanimous consent that the bill be the bill, as amended, be considered the Senate on May 16, 2016; S. 3438 as amend- considered read a third time and passed read a third time and passed; and the ed passed the Senate on November 29, 2016; and the motion to reconsider be consid- motion to reconsider be considered H.R. 675 as amended passed the House on ered made and laid upon the table. made and laid upon the table. July 28, 2015; H.R. 677 as amended passed the The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without House on February 9, 2016; H.R. 1313 passed the House on May 18, 2015; H.R. 1338 as objection, it is so ordered. objection, it is so ordered. The bill (H.R. 5877) was ordered to a amended passed the House on November 16, The amendment (No. 5173) in the na- 2015; H.R. 1384 passed the House on November third reading, was read the third time, ture of a substitute was agreed to. 16, 2015; H.R. 1607 as amended passed the and passed. (The amendment is printed in today’s House on July 27, 2015; H.R. 1769 as amended f RECORD under ‘‘Text of Amendments.’’) was reported out of the Committee on Vet- erans’ Affairs of the House on May 24, 2016; SUPPORTING THE GOALS AND The bill (S. 290), as amended, was ordered to be engrossed for a third read- H.R. 1994 as amended passed the House on IDEALS OF NATIONAL AVIATION July 29, 2015; H.R. 2256 as amended passed the MAINTENANCE TECHNICIAN DAY ing, was read the third time, and passed. House on July 21, 2015; H.R. 2360 as amended Mr. BOOZMAN. Mr. President, I ask passed the House on February 9, 2016; H.R. f unanimous consent that the Com- 2915 as amended passed the House on Feb- ruary 9, 2016; H.R. 3016 as amended passed the merce, Science, and Transportation JEFF MILLER AND RICHARD BLUMENTHAL VETERANS House on February 9, 2016; H.R. 3106 as Committee be discharged from further amended passed the House on February 9, consideration of S. Res. 335 and the HEALTH CARE AND BENEFITS 2016; H.R. 3216 passed the House on Sep- Senate proceed to its immediate con- IMPROVEMENT ACT OF 2016 tember 26, 2016; H.R. 3715 as amended passed sideration. Mr. BOOZMAN. Mr. President, I ask the House on May 23, 2016; H.R. 4150 as The PRESIDING OFFICER. Without unanimous consent that the Senate amended was reported out of the Committee objection, it is so ordered. proceed to the immediate consider- on Veterans’ Affairs of the House on Novem- The clerk will report the resolution ber 14, 2016; H.R. 4757 as amended passed the ation of H.R. 6416, which was received House on November 29, 2016; H.R. 5047 passed by title. from the House. the House on November 30, 2016; H.R. 5099 as The senior assistant legislative clerk The PRESIDING OFFICER. The amended was reported out of the Committee read as follows: clerk will report the bill by title. on Veterans’ Affairs of the House on Novem- A resolution (S. Res. 335) supporting the The senior assistant legislative clerk ber 14, 2016; and H.R. 5229 as amended passed goals and ideals of National Aviation Main- read as follows: the House on May 23, 2016. tenance Technician Day, honoring the in- The Committees have prepared the fol- A bill (H.R. 6416) to amend title 38, United valuable contributions of Charles Edward lowing explanation of H.R. 6416 to reflect a States Code, to make certain improvements Taylor, regarded as the father of aviation Compromise Agreement between the Com- in the laws administered by the Secretary of maintenance, and recognizing the essential mittees. Differences between the provisions Veterans Affairs, and for other purposes. role of aviation maintenance technicians in contained in the Compromise Agreement and ensuring the safety and security of civil and There being no objection, the Senate the related provisions of the House Bills and military aircraft. proceeded to consider the bill. the Senate Bills are noted in this document,

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00179 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.138 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7110 CONGRESSIONAL RECORD — SENATE December 9, 2016 except for clerical corrections, conforming purposes of scheduling a hearing at the ear- House Bill changes made necessary by the Compromise liest possible date, the Board would deter- Section 14 of H.R. 677 as amended would es- Agreement, and minor drafting, technical, mine the location and type of hearing to be tablish a commission or task force to evalu- and clarifying changes. conducted. It would further provide that an ate the backlog of claims at VA, including TITLE I—DISABILITY COMPENSATION MATTERS appellant may request a different location or analyzing the most effective means to quick- EXPEDITED PAYMENT OF SURVIVORS’ BENEFITS type of hearing and the Board must grant ly and accurately resolve claims and options Current Law such a request, as well as ensure the hearing to improve the process. is scheduled at the earliest possible date Section 5101 of title 38, United States Code Compromise Agreement without any undue delay or other prejudice (hereinafter, ‘‘U.S.C.’’), requires a claimant Section 104 of the Compromise Agreement to the appellant. Amended section 7107 of to file a formal claim as a condition of re- follows the language in the Senate Bill. title 38, U.S.C., would further provide that ceiving Department of Veterans Affairs Report on staffing levels at regional offices any hearing conducted through picture and (hereinafter, ‘‘VA’’ or ‘‘the Department’’) of Department of Veterans Affairs under Na- voice transmission must be conducted in the benefits. tional Work Queue same manner as, and must be considered the Senate Bill equivalent of, a personal hearing. Current Law Section 301 of S. 2921 would amend section House Bill Current law contains no relevant provi- 5101 of title 38, U.S.C., to authorize VA to sions. Section 10 of H.R. 677 as amended is sub- pay benefits under chapter 13 (dependency Senate Bill and indemnity compensation) and chapter 15 stantively identical to the provision in the Section 310 of S. 2921 would require VA, not (pension) and sections 2302 (funeral ex- Senate Bill. later than 15 months after enactment, to penses), 2307 (burial benefits), and 5121 (ac- Compromise Agreement submit to the Committee on Veterans’ Af- crued benefits) of title 38, U.S.C., to a sur- Section 102 of the Compromise Agreement fairs of the Senate and House of Representa- vivor of a veteran who has not filed a formal follows the language in both bills. claim if VA determines that the record con- Requirement that Secretary of Veterans tives a report on the criteria and procedures tains sufficient evidence to establish the sur- Affairs publish the average time required to that VA will use to determine appropriate vivor’s entitlement to those benefits. For adjudicate early-filed and later-filed appeals staffing levels at the regional offices while using the National Work Queue for the dis- purposes of establishing an effective date Current Law tribution of claims processing work. under section 5110 of title 38, U.S.C., the ear- Under current law, section 7105(b) of title House Bill lier of the following dates would be treated 38, U.S.C., a claimant has 1 year to file a No- as the date of receipt of the survivor’s appli- tice of Disagreement after the date on which The House Bills contain no comparable cation for benefits: the date the survivor or VA mails notice of an initial decision on a provision. the survivor’s representative notifies VA of claim for benefits. Compromise Agreement the veteran’s death through a death certifi- Senate Bill Section 105 of the Compromise Agreement cate or other relevant evidence that estab- Section 306 of S. 2921 would require VA, on follows the language in the Senate Bill. lishes entitlement to survivors’ benefits or Inclusion in annual budget submission of the head of any other department or agency an on-going basis, to make available to the public the average length of time it takes for information on capacity of Veterans Benefits of the Federal Government notifies VA of Administration to process benefits claims. the veteran’s death. These changes would VA to adjudicate a timely appeal and the av- apply with respect to claims for benefits erage length of time it takes VA to adju- Current Law based on a death occurring on or after the dicate an untimely appeal. This requirement Under current law, section 1105(a) of title date of enactment. The Secretary of Vet- would take effect 1 year after enactment and 31, U.S.C., the President is required to sub- erans Affairs would be required to submit to would apply until 3 years after enactment. mit to Congress an annual budget. the Committee on Veterans’ Affairs of the VA would be required to submit to the Com- Senate Bill mittee on Veterans’ Affairs of the Senate Senate and House of Representatives a re- Section 309 of S. 2921 would require VA to and House of Representatives a report on port on benefits paid pursuant to this au- include in its annual budget submission in- whether publication of that data has had an thority. formation on the capacity of the Veterans effect on the number of timely appeals that House Bill Benefits Administration to process claims are filed. This section would define a ‘‘time- Section 5 of H.R. 677 as amended generally for VA benefits, including an estimate of the ly’’ appeal for these purposes as meaning an contains the same provisions as the Senate average number of claims for benefits that a appeal filed not more than 180 days after the Bill, except that, for purposes of establishing single full-time equivalent employee can date VA mails notice of the initial decision an effective date under section 5110 of title process in a year (excluding claims com- and an ‘‘untimely’’ appeal as meaning an ap- 38, U.S.C., the earlier of the following dates pleted during mandatory overtime), based on peal filed more than 180 days after VA mails would be treated as the date of receipt of the a time and motion study and such other in- notice of the initial decision. survivor’s application for benefits: the date formation as the Secretary of Veterans Af- the survivor or the survivor’s representative House Bill fairs considers appropriate; a description of notifies VA of the veteran’s death through a The House Bills contain no comparable the actions VA will take to improve the death certificate or relevant medical evi- provision. processing of claims; and an assessment of dence indicating that the death was due to a Compromise Agreement the actions VA identified in the previous service-connected or compensable disability Section 103 of the Compromise Agreement year that would be taken to improve claims or the head of any other department or agen- follows the language in the Senate Bill, ex- processing and the effects of those actions. cy of the Federal Government notifies VA of cept that it would use the phrase ‘‘early- This requirement would apply with respect the veteran’s death. filed’’ to describe appeals filed not more than to the budget submitted for fiscal year 2017 Compromise Agreement 180 days after the date VA mails notice of and any fiscal year thereafter. Section 101 of the Compromise Agreement the initial decision and ‘‘later-filed’’ to de- House Bill follows the language in the Senate Bill. scribe appeals filed more than 180 days after The House Bills contain no comparable BOARD OF VETERANS’ APPEALS VIDEO HEARINGS VA mails notice of the initial decision. provision. Comptroller General review of claims proc- Current Law Compromise Agreement essing performance of regional offices of Vet- Under current law, section 7107(d) of title erans Benefits Administration Section 106 of the Compromise Agreement 38, U.S.C., an individual who appeals to the follows the language in the Senate Bill, ex- Current Law Board of Veterans’ Appeals (hereinafter, cept that it would apply with respect to any ‘‘Board’’) may request a hearing at the Current law contains no relevant provi- fiscal year after fiscal year 2018. Board’s location in Washington, DC, or at a sions. REPORT ON PLANS OF SECRETARY OF VETERANS VA facility outside of Washington, DC (a Senate Bill AFFAIRS TO REDUCE INVENTORY OF NON-RAT- field hearing). Further, under section 7107(e) Section 307 of S. 2921 would require the ING WORKLOAD; SENSE OF CONGRESS REGARD- of title 38, U.S.C., VA may provide equip- Government Accountability Office (herein- ING MONDAY MORNING WORKLOAD REPORT ment so that hearings outside of the Wash- after, ‘‘GAO’’) to complete a review of VA’s Current Law ington, DC, area can be conducted through regional offices in order to help the Veterans video teleconference technology with Board Benefits Administration achieve more con- Current law contains no relevant provi- members located in DC. If VA has made that sistent performance in the processing of sion. technology available, the Chairman of the claims for disability compensation. The re- Senate Bill Board may allow appellants the opportunity view must be completed by not later than 15 Section 312 of S. 2921 would require VA, not to participate in a hearing using video tele- months after the date that is 270 days after later than 120 days after enactment, to sub- conference technology, rather than having the date of enactment. GAO would be remit to the Committee on Veterans’ Affairs of an in-person hearing with a Board member. quired to submit to the Committee on Vet- the Senate and House of Representatives a Senate Bill erans’ Affairs of the Senate and House of report that details VA’s plans to reduce the Section 303 of S. 2921 would amend section Representatives a report on the results of inventory of work items listed in the Mon- 7107 of title 38, U.S.C., to provide that, for that review. day Morning Workload Report under End

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00180 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.098 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7111 Products 130 (Dependency—compensation), ant to a contract for compensation and pen- House Bill 137 (Dependency—pension), 173 (Pre- sion examinations, and is not barred from Section 17 of H.R. 677 as amended contains decisional hearings), 290 (Misc. determina- practicing his or her health care profession language substantively identical to the Sen- tions), 400 (Correspondence), 600 (Due proc- in any state, the District of Columbia, or a ate Bill. ess—compensation), 607 (Due process—pen- Commonwealth, territory, or possession of Compromise Agreement sion), 690 (Cost of Living Adjustments and the United States. Section 112 of the Compromise Agreement Social Security number verification), 930 House Bill follows the language in the Senate Bill with (Review, including quality assurance), and Section 11 of H.R. 677 as amended contains an updated estimate of the number of vet- 960 (Correction of errors). language substantively identical to the Sen- erans living with service-connected disabil- Section 313 of S. 2921 would express the ate Bill. sense of Congress that VA should include in ities. its Monday Morning Workload Report addi- Compromise Agreement SENSE OF CONGRESS ON SUBMITTAL OF INFOR- tional information about fully-developed Section 109 of the Compromise Agreement MATION RELATING TO CLAIMS FOR DISABIL- claims and appeals. follows the language in both bills. ITIES INCURRED OR AGGRAVATED BY MILI- TARY SEXUAL TRAUMA House Bill INDEPENDENT REVIEW OF PROCESS BY WHICH DEPARTMENT OF VETERANS AFFAIRS AS- Current Law The House Bills contain no comparable SESSES IMPAIRMENTS THAT RESULT FROM provisions. Current law contains no relevant provi- TRAUMATIC BRAIN INJURY FOR PURPOSES OF sion. Compromise Agreement AWARDING DISABILITY COMPENSATION Senate Bill Section 107 of the Compromise Agreement Current Law follows the language in the Senate Bill. Section 315 of S. 2921 would express the Current law contains no relevant provi- sense of Congress that VA should submit to ANNUAL REPORT ON PROGRESS IN IMPLE- sion. Congress information on claims for dis- MENTING VETERANS BENEFITS MANAGEMENT Senate Bill ability compensation based on post-trau- SYSTEM S. 244 would require VA to enter into an matic stress disorder alleged to have been in- Current Law agreement with the Institute of Medicine of curred or aggravated by military sexual Current law contains no relevant provi- the National Academies to perform a com- trauma. sion. prehensive review of examinations furnished House Bill Senate Bill by VA to individuals who submit claims for Section 2 of H.R. 1607 as amended would re- Section 311 of S. 2921 would require VA to compensation for traumatic brain injury to quire VA to submit to Congress annual re- submit reports to Congress annually on the assess their cognitive impairments. ports on claims for disability compensation progress in implementing the Veterans Bene- House Bill based on a mental health condition alleged fits Management System (hereinafter, The House Bills contain no comparable to have been incurred or aggravated by mili- ‘‘VBMS’’). The report would include an as- provision. tary sexual trauma. sessment of the current functionality of Compromise Agreement Compromise Agreement VBMS, recommendations submitted to VA Section 110 of the Compromise Agreement Section 113 of the Compromise Agreement by employees involved in claims processing generally follows the language in the Senate would express the sense of Congress that VA for legislative or administrative action con- Bill, except that it would require a study to should submit to Congress information on sidered appropriate to improve the proc- encompass all potential residuals of trau- claims for disability compensation based on essing of claims, and recommendations sub- matic brain injury and includes technical a mental health condition alleged to have mitted to VA by veterans service organiza- changes. been incurred or aggravated by military sex- tions who use VBMS for legislative or ad- ual trauma. REPORTS ON CLAIMS FOR DISABILITY ministrative action considered appropriate COMPENSATION TITLE II—UNITED STATES COURT OF APPEALS to improve the system. The reporting re- FOR VETERANS CLAIMS quirement would sunset 3 years after enact- Current Law EXTENSION OF TEMPORARY INCREASE IN NUM- ment. Under current law, section 5100 of title 38, BER OF JUDGES ON UNITED STATES COURT OF House Bill U.S.C., the term ‘‘claimant’’ means ‘‘any individual applying for, or submitting a claim APPEALS FOR VETERANS CLAIMS The House Bills contain no comparable for, any benefit under the laws administered Current Law provision. by the Secretary.’’ Under section 7253(a) of title 38, U.S.C., the Compromise Agreement Senate Bill United States Court of Appeals for Veterans Section 108 of the Compromise Agreement The Senate Bills contain no comparable Claims (hereinafter, ‘‘Veterans Court’’) was follows the language in the Senate Bill. provision. originally authorized to be composed of not more than seven judges. In 2001, the Veterans IMPROVEMENTS TO AUTHORITY FOR PERFORM- House Bill ANCE OF MEDICAL DISABILITIES EXAMINA- Court was temporarily expanded from seven Sections 3 and 4 of H.R. 677 as amended TIONS BY CONTRACT PHYSICIANS to nine authorized judges for the period would define the term formal claim and re- spanning January 2002 through August 2005 Current Law quire VA to submit to Congress quarterly re- by Public Law 107–103. In 2008, the Veterans Under section 504 of Public Law 104–275, VA ports on formal and informal claims. Court was again expanded from seven to nine was authorized to conduct a pilot program to Compromise Agreement authorized judges until January 2013 by Pub- use mandatory funding to provide compensa- Section 111 of the Compromise Agreement lic Law 110–389. tion and pension medical examinations would require VA to submit to the Com- Senate Bill through the use of contractors. Under sec- mittee on Veterans’ Affairs of the Senate tion 704 of Public Law 108–183, VA is author- Section 701 of S. 2921 would amend section and House of Representatives a report on ized to use appropriated funds to obtain com- 7253, U.S.C., to expand the number of author- VA’s policies with respect to the processing pensation and pension medical examinations ized judges at the Veterans Court to nine of reasonably raised unrelated claims and by contractors. Currently, a physician pro- through January 1, 2021. It also would re- would require VA, annually for 5 years, to viding an evaluation under these authorities quire the chief judge of the Veterans Court submit to the Committee on Veterans’ Af- must be licensed in the state or territory in to report to Congress not later than June 30, fairs of the Senate and House of Representa- which the examination takes place. 2020, on the temporary expansion, including tives a report on complete and incomplete an assessment on the effect of the expansion Senate Bill claims for disability compensation sub- to ensure appeals are handled in a timely Section 304 of S. 2921 would modify these mitted to VA. manner, a description of the types of ways in authorities to provide that, notwithstanding SENSE OF CONGRESS REGARDING AMERICAN which the complexity levels of appeals may any law regarding the licensure of physi- VETERANS DISABLED FOR LIFE vary based on appellants’ eras of service, and cians, a physician described below may con- Current Law a recommendation on whether the number of duct an examination pursuant to a contract judges should be adjusted at the end of the entered into under the authority granted in Current law contains no relevant provision. expansion time. Public Law 104–275 or Public Law 108–183 at House Bill any location in any state, the District of Co- Senate Bill lumbia, or a Commonwealth, territory, or Section 314 of S. 2921 would express the Section 201 of H.R. 675 as amended would possession of the United States, so long as sense of Congress appreciating the service of expand the number of authorized judges at the examination is within the scope of the men and women disabled due to service in the Veterans Court to nine through January authorized duties under such contract. This the Armed Forces, supporting the annual 1, 2020. new authority would apply to a physician recognition of such American veterans who Compromise Agreement who has a current license to practice the are disabled for life, and encouraging the Section 201 of the Compromise Agreement health care profession of the physician, is American people to honor such veterans each generally follows the language in the Senate performing authorized duties for VA pursu- year. Bill.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00181 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.099 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7112 CONGRESSIONAL RECORD — SENATE December 9, 2016

LIFE INSURANCE PROGRAM RELATING TO JUDGES judge most senior in commission who has graphs (2), (3), and (7) of section 2402(a) of OF UNITED STATES COURT OF APPEALS FOR not previously served as chief judge. These title 38, U.S.C. VETERANS CLAIMS changes would apply with respect to selec- Compromise Agreement Current Law tion of a chief judge occurring on or after Section 302 of the Compromise Agreement January 1, 2020. Under chapter 87 of title 5, U.S.C., certain replaces all eligibility criteria in section 112 Federal employees are eligible to purchase House Bill of title 38, U.S.C., with eligibility based on a Federal Employees’ Group Life Insurance. Section 206 of H.R. 675 as amended would reference to paragraphs (1), (2), (3), and (7) of Section 604(a)(5) of title 28, U.S.C., provides revise the qualifications for the chief judge section 2402(a) of that title. that the Administrative Office of the United of the Veterans Court. This section would re- DEPARTMENT OF VETERANS AFFAIRS STUDY ON States Courts will pay for certain judges age quire that the chief judge: (1) be 64 years of MATTERS RELATING TO BURIAL OF UNCLAIMED 65 and older any increase in the cost of Fed- age and under; (2) have at least 3 years re- REMAINS OF VETERANS IN NATIONAL CEME- eral Employees’ Group Life Insurance im- maining in term of office; and (3) have not TERIES posed after April 24, 1999. previously served as chief judge. In any case Current Law Senate Bill in which there is no judge of the Veterans Under section 2302 of title 38, U.S.C., VA Court who meets all of these requirements, Section 702 of S. 2921 generally mirrors the may pay for the reimbursement of the costs the judge of the Veterans Court in regular House Bill except that it specifies that the of a burial receptacle when a deceased vet- active service who is senior in commission Veterans Court would pay for the post–1999 eran has no next of kin nor sufficient re- and has not served previously as chief judge increases. sources to furnish the burial receptacle. Sec- and has either served for at least 1 year as a tion 2414 of that title requires VA to collect House Bill judge of the court or is 64 years of age and information from the local medical exam- Section 203 of H.R. 675 as amended would under and has at least 3 years remaining in iner, funeral director, or other responsible amend section 7281 of title 38, U.S.C., to pro- term of office, would act as the chief judge. entity on whether or not the veteran was vide that the government would be required Compromise Agreement cremated and what steps were taken to en- to pay for any post–1999 increases in the life sure the deceased veteran had no next of kin. insurance premiums for judges of the Vet- Section 204 of the Compromise Agreement follows the language in the Senate Bill. Senate Bill erans Court who are age 65 and older. Section 804 of S. 2921 would require VA to TITLE III—BURIAL BENEFITS AND OTHER Compromise Agreement complete a study on matters relating to the MATTERS Section 202 of the Compromise Agreement interment of unclaimed remains of veterans follows the language in the Senate Bill. EXPANSION OF ELIGIBILITY FOR HEADSTONES, in national cemeteries and submit a report MARKERS, AND MEDALLIONS VOLUNTARY CONTRIBUTIONS TO ENLARGE to Congress on the findings of the study. The Current Law SURVIVORS’ ANNUITY study would include the scope of related issues including the estimated number of un- Current Law Current law, section 2306 of title 38, U.S.C., requires VA to provide, upon request, a head- claimed remains, effectiveness of VA proce- Under section 7297 of title 38, U.S.C., a stone or marker for the grave of an eligible dures to work with persons or entities in cus- judge of the Veterans Court may elect to pay individual in a private cemetery. VA may tody of unclaimed remains, and an assess- for a survivor annuity that would be paid to also provide, upon request, a medallion sig- ment of state and local laws affecting VA’s the judge’s surviving spouse upon the death nifying the status of the deceased as a vet- ability to inter unclaimed remains. This sec- of the judge. eran, to be affixed to the privately purchased tion would take effect 1 year after enact- Senate Bill headstone or marker of the deceased in lieu ment and the report would be required 1 year Section 703 of S. 2921 contains language of providing a government-furnished head- after it takes effect. that mirrors the House Bill. stone or marker. This medallion is only House Bill House Bill available for the headstone or marker of an Section 2 of H.R. 1338 as amended is sub- individual who dies on or after November 1, stantively identical to the Senate Bill in the Section 204 of H.R. 675 as amended would 1990. requirements of the study. The House Bill authorize a covered judge to purchase, in Senate Bill does not delay the effective date of the provi- three-month increments, up to an additional sion after enactment. year of service credit for each year of Fed- Section 801 of S. 2921 would amend section Compromise Agreement eral judicial service completed. A covered 2306(d)(4) of title 38, U.S.C., to specify that judge is defined as: (1) a judge in regular ac- medallions may be provided for deceased in- Section 303 of the Compromise Agreement tive service; (2) a retired judge who is recall- dividuals who served in the Armed Forces on follows the language in the Senate Bill. eligible; or (3) a retired judge who would be or after April 6, 1917, in lieu of a government STUDY ON PROVISION OF INTERMENTS IN recall-eligible but for meeting the aggregate furnished headstone or marker. VETERANS’ CEMETERIES DURING WEEKENDS recall service requirements under section House Bill Current Law 7257(b)(3) of title 38, U.S.C., or is perma- Section 2 of H.R. 677 as amended is sub- Chapter 24 of title 38, U.S.C., establishes nently disabled as described by section stantively identical to section 801 of S. 2921. the National Cemetery Administration, di- 7257(b)(4) of title 38, U.S.C. Section 1 of H.R. 4757 as amended adds a new rects the Secretary of Veterans Affairs to ad- Compromise Agreement paragraph (5) to section 2306(d) of title 38, minister the national cemeteries, and au- Section 203 of the Compromise Agreement U.S.C., requiring VA to provide a headstone, thorizes VA to provide aid to states and trib- follows the language in both bills. marker, or medallion signifying the al organizations for the establishment, ex- deceased’s status as a medal of honor recipi- pansion, and improvement of veterans’ ceme- SELECTION OF CHIEF JUDGE OF UNITED STATES teries. COURT OF APPEALS FOR VETERANS CLAIMS ent when furnishing a headstone, marker, or medallion for placement in a private ceme- Senate Bill Current Law tery. The Senate Bills contain no comparable Under current law, section 7253(d) of title Compromise Agreement provisions. 38, U.S.C., the chief judge of the Veterans House Bill Court is the judge in regular active service Section 301 of the Compromise Agreement follows the language in the House Bills and H.R. 3715 as amended would amend section who is senior in commission among judges 2404 of title 38, U.S.C., to direct VA to permit who has served for at least 1 year as a judge combines section 2 of H.R. 677 as amended with section 1 of H.R. 4757 as amended. interments in national cemeteries and state and who has not previously served as chief veterans’ cemeteries during weekends other judge. The chief judge serves for a term of 5 EXPANSION OF PRESIDENTIAL MEMORIAL than Federal holiday weekends at the re- years or until the judge turns 70 years old, CERTIFICATE PROGRAM quest of the veteran’s next of kin. VA would whichever occurs first. Current Law be required to notify an individual request- Senate Bill Section 112 of title 38, U.S.C., authorizes a ing interment of a veteran of the oppor- Section 704 of S. 2921 would amend section program to honor the memory of deceased tunity to request a weekend interment. 7253(d), U.S.C., to add a prerequisite that a veterans with honorable discharges and per- Compromise Agreement judge also must have at least 3 years remain- sons who died in active military, naval, or Section 304 of the Compromise Agreement ing in his or her term of office in order to air service by providing a Presidential cer- would require VA to conduct a study on the serve as the chief judge. It would also specify tificate to surviving family and friends. feasibility and the need for providing in- that, if there is no judge who meets all of the Senate Bill creased interment options on weekends. The criteria to serve as chief judge, the chief The Senate Bills contain no comparable study would need to include information judge will be the judge in regular active provisions. about requests for weekend burials over the service who is senior in commission, has not past 10 years as well as a comparison of prac- previously served as chief judge, and either House Bill tices related to weekend burials at non-VA has 3 years remaining or has served for at Section 2 of H.R. 4757 as amended would cemeteries. VA would be required to com- least 1 year as a judge. If no judge meets amend section 112 of title 38, U.S.C., by add- plete the study and provide a report to Con- those criteria, the chief judge would be the ing eligible groups of individuals from para- gress within 180 days of enactment. Honoring

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00182 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.100 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7113 as veterans certain persons who performed occurred between September 11, 2001, and De- for whom it receives payments under the service in the Reserve components of the cember 31, 2005, as if they had occurred on Post-9/11 GI Bill. The Secretary of Veterans Armed Forces. January 1, 2006, for purposes of that section. Affairs would be required to include this in- Current Law It does not include the provision amending formation in the annual report to Congress section 3317 of title 38, U.S.C., to allow Fry on the Post-9/11 GI Bill. Under current law, section 101(2) of title 38, Scholarship recipients to participate in the U.S.C., for purposes of determining eligi- House Bill Yellow Ribbon Program. bility for benefits administered by VA, a vet- The House Bills contain no similar provi- eran is defined as ‘‘a person who served in APPROVAL OF COURSES OF EDUCATION AND sion. the active military, naval, or air service, and TRAINING FOR PURPOSES OF THE VOCATIONAL Compromise Agreement REHABILITATION PROGRAM OF THE DEPART- who was discharged or released therefrom Section 404 of the Compromise Agreement MENT OF VETERANS AFFAIRS under conditions other than dishonorable.’’ follows the language in the Senate Bill. As such, a member of the Reserve compo- Current Law RECODIFICATION AND IMPROVEMENT OF ELEC- nents who is eligible for retirement pay, or Subchapter I of chapter 36 of title 38, TION PROCESS FOR POST-9/11 EDUCATIONAL AS- in receipt of retired pay, who did not have U.S.C., provides criteria under which a SISTANCE PROGRAM qualifying active duty service, is not recog- course of education or training may be ap- Current Law nized as a veteran for purposes of eligibility proved or disapproved for the use of veterans for certain VA benefits. educational assistance. Assistance provided The Post-9/11 Veterans Educational Assist- Senate Bill under the Vocational Rehabilitation and ance Act of 2008 (Public Law 110–252) established the process by which individuals may Section 701 of S. 1203 as amended would Employment program is not subject to these elect from multiple educational assistance recognize the service of certain individuals same criteria. programs for which they are eligible the one in the Reserve components of the Armed Senate Bill they wish to use. The election is irrevocable. Forces by honoring them as veterans. This Section 404 of S. 2921 amends section Senate Bill section, in a non-codified provision, would 3104(b) of title 38, U.S.C., to require, to the honor as a veteran those individuals who are maximum extent practicable, that an edu- Section 406 of S. 2921 would codify in a re- entitled under chapter 1223 of title 10, U.S.C., cation or training program pursued under designated section 3325 of title 38, U.S.C., the to retired pay for irregular service or who Vocational Rehabilitation and Employment provisions now found in section 5003(c) of would be entitled to retired pay, but for age. must be an approved course for purposes of Public Law 110–252 and would add a provision Those who are honored as ‘‘veterans’’ under the Montgomery GI Bill or the Post-9/11 GI to that new section providing that, in the this section would not be entitled to any VA Bill. Section 404 would grant the Secretary case of an individual who on or after Janu- benefit by reason of such recognition. of Veterans Affairs authority to waive this ary 1, 2016, submits to VA an election of House Bill new requirement. This section would take ef- which education program to use that VA determines is clearly against the interests of H.R. 1384 would amend title 38, U.S.C., to fect 1 year after the provision’s enactment. the individual or who fails to make an elec- honor as a veteran those individuals who are House Bill tion, VA may make an alternative election entitled under chapter 1223 of title 10, U.S.C., Section 303 of H.R. 3016 as amended is sub- on behalf of the individual that VA deter- to retired pay for irregular service or who stantively identical to the Senate Bill. mines is in the best interests of the indi- would be entitled to retired pay, but for age. Compromise Agreement vidual. This section would also require VA to Those who are honored as ‘‘veterans’’ under promptly notify the veteran of such alter- this section would not be entitled to any VA Section 402 of the Compromise Agreement nate election and allow the veteran 30 days benefit by reason of such recognition. follows the language in both bills. to modify the election. Compromise Agreement AUTHORITY TO PRIORITIZE VOCATIONAL REHABILITATION SERVICES BASED ON NEED House Bill Section 305 of the Compromise Agreement Section 305 of H.R. 3016 as amended is sub- follows the language in the Senate Bill. Current Law Section 3104 of title 38, U.S.C., describes stantively identical to the Senate Bill. TITLE IV—EDUCATIONAL ASSISTANCE AND the services and assistance that VA may pro- Compromise Agreement VOCATIONAL REHABILITATION vide under the Vocational Rehabilitation Section 405 of the Compromise Agreement CLARIFICATION OF ELIGIBILITY FOR MARINE and Employment program. It does not in- follows the language of both bills. GUNNERY SERGEANT JOHN DAVID FRY SCHOL- clude authority for VA to prioritize the pro- WORK-STUDY ALLOWANCE ARSHIP vision of these services to veterans. Current Law Current Law Senate Bill Current law, section 3485 of title 38, U.S.C., Section 3311(b)(9) of title 38, U.S.C., as Section 405 of S. 2921 would add a new sub- authorizes VA to pay a work-study allow- amended by section 701(d) of the Veterans section to section 3104 of title 38, U.S.C., ance to individuals receiving VA educational Access, Choice, and Accountability Act of granting the Secretary of Veterans Affairs assistance if they meet certain enrollment 2014 (Public Law 113–146; 128 Stat. 1796; 38 the authority to prioritize the provision of requirements and work for up to 25 hours per U.S.C. 3311 note), authorizes educational as- Vocational Rehabilitation and Employment week at an approved VA work-study location sistance to the surviving spouse and child of services to veterans. The Secretary would be in a VA facility or educational institution. an active duty servicemember who dies in authorized to consider the disability rating, Senate Bill the line of duty on or after September 11, employment handicap, qualification for an 2001. The delimitation date for use of this independent living program, income, and any Section 407 of S. 2921 would amend section benefit by a surviving spouse is 15 years from other appropriate factor in establishing pri- 3485 of title 38, U.S.C., to provide an addi- the date of death of the active duty service- ority. The Secretary would be required to tional period of 5 years, from June 30, 2016, to member. submit a plan to Congress no later than 90 June 30, 2021, during which a student may re- Senate Bill days prior to any planned change in ceive a work-study allowance for performing outreach services for a State approving agen- Section 401 of S. 2921 would amend section prioritizing services. cy, providing hospital and domiciliary care 3317 of title 38, U.S.C., to allow Fry Scholar- House Bill and medical treatment to veterans in a State ship recipients to participate in the Yellow Section 304 of H.R. 3016 as amended is sub- home, or performing an activity relating to Ribbon Program. It would also amend sec- stantively identical to the Senate Bill. the administration of a national cemetery or tion 701(d) of the Veterans Access, Choice, Compromise Agreement a state veterans’ cemetery. and Accountability Act of 2014 (Public Law 113–146) to treat deaths of servicemembers Section 403 of the Compromise Agreement House Bill that occurred between September 11, 2001, follows the language in both bills. Section 308 of H.R. 3016 as amended is sub- and December 31, 2005, as if they had oc- REPORTS ON PROGRESS OF STUDENTS RECEIVING stantively identical to the Senate Bill. curred on January 1, 2006, for purposes of POST-9/11 EDUCATIONAL ASSISTANCE Compromise Agreement that section. The changes made by section Current Law Section 406 of the Compromise Agreement 401 would apply to terms of study beginning Current law requires educational and follows the language in both bills, except on or after January 1, 2015. training institutions to report to VA the en- that the 5-year period would run from June House Bill rollment of students receiving VA edu- 30, 2017, to June 30, 2022. Section 302 of H.R. 3016 as amended is sub- cational assistance, to include changes to en- CENTRALIZED REPORTING OF VETERAN ENROLL- stantively identical to the Senate Bill. rollments within a term and completion of MENT BY CERTAIN GROUPS, DISTRICTS, AND Compromise Agreement the educational objective. CONSORTIUMS OF EDUCATIONAL INSTITUTIONS Section 401 of the Compromise Agreement Senate Bill Current Law includes the provision amending section Section 410 of S. 2921 would require edu- Current law, section 3684 of title 38, U.S.C., 701(d) of the Veterans Access, Choice, and cational institutions to submit an annual re- requires educational and training institu- Accountability Act of 2014 (Public Law 113– port to VA not later than 1 year after enact- tions to report to VA the enrollment of stu- 146) to treat deaths of servicemembers that ment on the academic progress of students dents receiving VA educational assistance

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00183 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.101 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7114 CONGRESSIONAL RECORD — SENATE December 9, 2016 and to certify their compliance with the re- section 3676 of title 38, U.S.C., providing that list of educational institutions and training quirements of approval for VA educational the Secretary of Veterans Affairs would be establishments that will be surveyed during assistance in order to receive payments. authorized to waive either of those require- the fiscal year following the date of making Senate Bill ments in certain circumstances and would the list available. Section 421 of S. 2921 would modify section add specific criteria for disapproving such House Bill courses in section 3679 of title 38, U.S.C. This 3684 of title 38, U.S.C., so that an ‘‘edu- Section 405 of H.R. 3016 as amended is subsection would not apply to individuals con- cational institution’’ for purposes of report- stantively identical to the Senate Bill. tinuously enrolled in a course if that course ing to VA enrollments in education pro- Compromise Agreement grams would include a group, district, or is later disapproved pursuant to this section. Section 411 of the Compromise Agreement consortium of separately accredited edu- House Bill follows the language in both bills. cational institutions located in the same H.R. 2360 as amended contains similar lan- state that are organized in a manner that fa- guage to the Senate Bill, but lacks the lan- MODIFICATION OF REDUCTION IN REPORTING FEE cilitates the centralized reporting of enroll- guage specifying the requirements apply to MULTIPLIERS FOR PAYMENTS BY SECRETARY ments in the group, district, or consortium courses preparing for licensure to practice OF VETERANS AFFAIRS TO EDUCATIONAL IN- of institutions. law and to standard college degree programs STITUTIONS House Bill at accredited public or not-for-profit edu- Current Law Section 401 of H.R. 3016 as amended is sub- cational institutions. Current law, section 3684 of title 38, U.S.C., stantively identical to the Senate Bill. Compromise Agreement directs VA to pay educational institutions a fee for each educational assistance bene- Compromise Agreement Section 409 of the Compromise Agreement follows the language in the Senate Bill. ficiary whose enrollment the institution cer- Section 407 of the Compromise Agreement tifies to VA. The current fees are $9 or $12 follows the language in both bills. CRITERIA USED TO APPROVE COURSES per student depending on whether or not the ROLE OF STATE APPROVING AGENCIES Current Law school receives an assistance payment in Current Law Current law, section 3676 of title 38, U.S.C., care of the beneficiary. Under current law, section 3672 of title 38, requires non-accredited courses to meet a Senate Bill U.S.C., certain types of education courses number of criteria in order to be approved Section 902 of S. 2921 would change the meeting criteria in chapter 36 of title 38, for VA educational assistance. Included in rates of the reporting fees that are paid to U.S.C., are deemed approved for the use of these are any additional criteria as may be educational institutions beginning on Sep- VA educational assistance. deemed necessary by the State approving tember 26, 2016. The rates would change from agency. Senate Bill $9 and $13 per student to $8 and $12 per stu- Senate Bill Section 423 of S. 2921 would amend section dent until September 25, 2025. 3672 of title 38, U.S.C., so that an education Section 424 of S. 2921 would modify section House Bill program would be deemed approved for pur- 3676 of title 38, U.S.C., so that additional cri- The House Bills contain no similar provi- poses of VA education benefits only if a teria may be required only if the Secretary, sion. in consultation with the State approving State approving agency determines that the Compromise Agreement program meets the deemed-approved cri- agency and pursuant to regulations pre- teria. It would also modify section 3675 of scribed to carry out this requirement, deter- Section 412 of the Compromise Agreement title 38, U.S.C., so that a program that is not mines that the additional criteria are nec- would change the rates of the reporting fees subject to approval under section 3672 of title essary and treat public, private, and propri- to $6 and $12 per student through September 38, U.S.C., may be approved by a State ap- etary for-profit educational institutions eq- 25, 2017. From September 26, 2017, to Sep- proving agency or VA acting in the role of a uitably. Section 424 would modify section tember 25, 2026, the reporting fees would be State approving agency when the criteria for 3675 of title 38, U.S.C., so that accredited paid at a rate of $7 and $12 per student. approval of accredited programs at for-profit courses must also meet those additional cri- COMPOSITION OF VETERANS’ ADVISORY institutions are met. teria to be approved. COMMITTEE ON EDUCATION House Bill House Bill Current Law Section 403 of H.R. 3016 as amended is sub- Section 404 of H.R. 3016 as amended is sub- Current law, section 3692 of title 38, U.S.C., stantively identical to the Senate Bill. stantively identical to the Senate Bill. requires VA to include veterans who are rep- Compromise Agreement Compromise Agreement resentative of World War II, the Korean conflict era, the post-Korean conflict era, the Section 408 of the Compromise Agreement Section 410 of the Compromise Agreement Vietnam era, the post-Vietnam era, and the follows the language in both bills. follows the language in both bills. Persian Gulf War when forming the Vet- MODIFICATION OF REQUIREMENTS FOR AP- COMPLIANCE SURVEYS erans’ Advisory Committee on Education. PROVAL FOR PURPOSES OF EDUCATIONAL AS- Current Law Senate Bill SISTANCE PROVIDED BY DEPARTMENT OF VET- Section 3693 of title 38, U.S.C., requires VA ERANS AFFAIRS OF PROGRAMS DESIGNED TO The Senate Bills contain no relevant provi- to conduct compliance surveys of institu- sion. PREPARE INDIVIDUALS FOR LICENSURE OR tions that enroll eligible veterans in edu- CERTIFICATION cation programs approved for VA edu- House Bill Current Law cational assistance. VA must conduct com- The House Bills contain no relevant provi- Current law, sections 3675 and 3676 of title pliance surveys each year for institutions en- sion. 38, U.S.C., lists a number of requirements for rolling 300 or more eligible veterans or offer- Compromise Agreement accredited and non-accredited education and ing courses other than standard college de- Section 413 of the Compromise Agreement training programs to be approved for VA grees. includes language from a VA legislative pro- educational assistance, including for licen- Senate Bill posal that would amend section 3692(a) of sure and certification programs. Section 426 of S. 2921 would amend section title 38, U.S.C., to modify the requirements Senate Bill 3693 of title 38, U.S.C., to provide that VA on the composition of the Veterans’ Advi- Section 425 of S. 2921 would amend chapter generally must conduct an annual compli- sory Committee on Education. The current 36 of title 38, U.S.C., to require both accred- ance survey of educational institutions and requirement to include veterans rep- ited and non-accredited programs that are training establishments offering approved resenting specific conflict eras, such as designed to prepare an individual for licen- courses if at least 20 veterans or other VA World War II, Korea, and Vietnam, would be sure or certification in a state to meet any beneficiaries are enrolled in its courses; VA replaced with a more flexible requirement to instructional curriculum licensure or certifi- must design the compliance survey to ensure include veterans representing those who cation requirements of the state in order to that institutions or establishments and ap- have used, are using, or may in the future be approved for purposes of VA education proved courses are in compliance with all ap- use VA educational assistance benefits. benefits. It would also require programs de- plicable provisions of chapters 30 through 36 SURVEY OF INDIVIDUALS USING THEIR ENTITLE- signed to prepare an individual for employ- of title 38, U.S.C.; VA must survey each in- MENT TO EDUCATIONAL ASSISTANCE UNDER ment pursuant to standards developed by a stitution or establishment not less than once THE EDUCATIONAL ASSISTANCE PROGRAMS AD- board or agency of a state in an occupation during every 2-year period; VA must assign MINISTERED BY THE SECRETARY OF VETERANS that requires approval or licensure to be ap- not fewer than one education compliance AFFAIRS proved or licensed by the board or agency of specialist to work on compliance surveys in Current Law the state in order to be approved for pur- any year for each 40 compliance surveys re- Current law contains no relevant provi- poses of VA education benefits. It would also quired; and VA must, in consultation with sion. require that any course of education de- State approving agencies, annually deter- signed to prepare a student for licensure to mine the parameters of the surveys and not Senate Bill practice law be accredited by a recognized later than September 1 of each year make Section 427 of S. 2921 would require VA to party. It would add a new subsection (f) to available to the State approving agencies a contract with a non-government entity to

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00184 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.102 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7115

conduct a survey of individuals who are TECHNICAL AMENDMENT RELATING TO IN-STATE owned by one or more veterans, the sur- using or have used VA educational benefits. TUITION RATE FOR INDIVIDUALS TO WHOM EN- viving spouse of such veteran who acquires The survey would have to be contracted TITLEMENT IS TRANSFERRED UNDER ALL-VOL- ownership rights shall be treated as if the within 9 months of enactment, provided to UNTEER FORCE EDUCATIONAL ASSISTANCE surviving spouse were that veteran for the the Committee on Veterans’ Affairs of the PROGRAM AND POST-9/11 EDUCATIONAL ASSIST- purpose of maintaining the status of the Senate and House of Representatives at least ANCE small business concern as a small business 30 days in advance of data collection, com- Current Law concern owned and controlled by veterans. pleted within 6 months, and conducted by The current transition period from the date Current law, section 3679 of title 38, U.S.C., electronic means. The survey would include of the veteran’s death is the earliest of the as amended by section 702 of the Veterans demographic information, opinion on effec- following dates: the date on which the sur- Access, Choice, and Accountability Act of tiveness of transition assistance programs, viving spouse remarries; the date on which 2014 (Public Law 113–146; 128 Stat. 1796; 38 and resources used to decide on a program of the surviving spouse relinquishes an owner- U.S.C. 3311 note), requires VA to disapprove education and which education benefit to ship interest in the small business concern; any program in which a veteran within 3 use, among other survey requirements. VA or the date that is 10 years after the date of years of separation or their dependent using would be required to report to the Com- the veteran’s death. transferred education benefits is charged mittee on Veterans’ Affairs of the Senate Current law only applies to a surviving more than the in-state tuition rate charged and House of Representatives on the findings spouse of a veteran with a service-connected to residents of the state for that same proof this survey within 90 days of its comple- disability rated as 100 percent disabling or gram. tion. who dies as a result of a service-connected Senate Bill disability. House Bill Section 428 of S. 2921 would amend section Senate Bill Section 406 of H.R. 3016 as amended is sub- 3679(c)(2)(B) of title 38, U.S.C., to specify that Sections 501 and 502 of S. 1203 as amended stantively identical to the Senate Bill. a covered individual includes someone using would modify the ownership requirements education benefits transferred to them under Compromise Agreement for small business contracts and preferences. section 3319 of title 38, U.S.C., when the per- In the case of a veteran who dies as a result Section 414 of the Compromise Agreement son who transferred benefits is a veteran of a service-connected disability with a 100 follows the language in both bills. within 3 years of separation from active duty percent rating, the surviving spouse would or a member of the uniformed services de- DEPARTMENT OF VETERANS AFFAIRS PROVISION also be allowed to assume control of the scribed in section 3319(b) of title 38, U.S.C. OF INFORMATION ON ARTICULATION AGREE- business for 10 years after the date of the Under this section, VA must disapprove MENTS BETWEEN INSTITUTIONS OF HIGHER veteran’s death. For a veteran who passes courses in which these covered individuals LEARNING away with less than 100 percent disability, are charged more than the in-state tuition Current Law who does not die of a service-connected dis- rate charged to residents of the state for the ability, a transition period of 3 years after Current law, section 3697A of title 38, same program. This change would apply with the veteran’s death would be authorized. U.S.C., directs VA to provide educational courses and terms beginning after July 1, and vocational counseling to veterans within 2017. House Bill 1 year of separation from the military and to House Bill H.R. 1313 is substantively identical to the other eligible individuals using VA edu- Senate Bill. Section 408 of H.R. 3016 as amended is simi- cational assistance. lar to the language in the Senate Bill but Compromise Agreement Senate Bill would require disapproval when the in-state Section 501 of the Compromise Agreement The Senate Bills contain no similar provi- tuition rate is not applied for any individual follows the language in both bills. sions. using transferred education benefits under LONGITUDINAL STUDY OF JOB COUNSELING, section 3319 of title 38, U.S.C., without re- TRAINING, AND PLACEMENT SERVICE FOR VET- House Bill gard to how many years have passed since ERANS H.R. 5047 would require VA counselors pro- the veteran’s military separation. Current Law viding educational or vocational counseling Compromise Agreement Current law, section 4103A of title 38, under section 3697A of title 38, U.S.C., to pro- Section 417 of the Compromise Agreement U.S.C., provides intensive services for vet- vide, as part of that counseling, information follows the language in the Senate Bill. erans with significant barriers to employ- on articulation agreements at each edu- STUDY ON THE EFFECTIVENESS OF VETERANS ment to meet their employment needs and cational institution in which the individual facilitate placements. is interested. VA must also include informa- TRANSITION EFFORTS tion on articulation agreements when it pro- Current Law Senate Bill vides a certification of eligibility for edu- Current law, section 1144 of title 10, U.S.C., Section 502 of S. 2921 would add section 4115 cational assistance. requires the Departments of Defense, Vet- to chapter 41 of title 38, U.S.C., which would require the Secretary of Labor to contract Compromise Agreement erans Affairs, Homeland Security, and Labor to provide transition assistance training to with a non-government entity to conduct a Section 415 of the Compromise Agreement transitioning members of the Armed Forces. 5-year longitudinal study of job counseling, follows the language in the House Bill. Senate Bill training, and placement service for veterans. RETENTION OF ENTITLEMENT TO EDUCATIONAL The study would collect information relating The Senate Bills contain no similar provi- to length of military service, disability, un- ASSISTANCE DURING CERTAIN ADDITIONAL PE- sion. RIODS OF ACTIVE DUTY employment, income levels, home ownership, House Bill use of job counseling and training services, Current Law H.R. 5229 as amended would require VA, in and demographic information. The Secretary Current law, sections 16131 and 16133 of coordination with the Departments of De- would report the findings to Congress by not title 10, U.S.C., allows used entitlement to fense and Labor, to conduct a study evalu- later than July 1 of each year for the 5-year the Montgomery GI Bill-Selected Reserves ating military transition assistance pro- period and include in the report the number to be retained by an individual when their grams with emphasis on their effectiveness of job fairs attended by One-Stop Career Cen- enrollment is interrupted by orders to active for certain groups of minority veterans. VA ter employees where they had contact with duty under certain sections of title 10, U.S.C. would be required to report to Congress its veterans and the number of veterans con- findings and any recommendations within 18 tacted at each job fair. Senate Bill months of enactment. The House Bill would House Bill Section 408 of S. 2921 would add 10 U.S.C. also prohibit the authorization of additional Section 502 of H.R. 3016 as amended is sub- 12304a and 12304b to the list of authorities in funds to carry out these requirements. stantively similar to the Senate Bill but 10 U.S.C. 16131 and 16133 under which a re- Compromise Agreement would not require the study or inclusion of servist may regain lost payments and lost job fairs attended by One-Stop Career Center entitlement for the Montgomery GI Bill-Se- Section 418 of the Compromise Agreement employees. lected Reserve education program when that follows the language in the House Bill. activation authority prevented the reservist TITLE V—SMALL BUSINESS AND EMPLOYMENT Compromise Agreement from completing his or her studies. MATTERS Section 502 of the Compromise Agreement follows the language in the Senate Bill. House Bill MODIFICATION OF TREATMENT UNDER CON- TRACTING GOALS AND PREFERENCES OF DE- LIMITATION ON ADMINISTRATIVE LEAVE FOR EM- The House Bills contain no similar provi- PARTMENT OF VETERANS AFFAIRS PLOYEES OF DEPARTMENT OF VETERANS AF- sion. Current Law FAIRS Compromise Agreement Under current law, section 8127 of title 38, Current Law Section 416 of the Compromise Agreement U.S.C., if the death of a veteran causes a Current law places no restrictions on ad- follows the language in the Senate Bill. small business to be less than 51 percent ministrative leave.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00185 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.103 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7116 CONGRESSIONAL RECORD — SENATE December 9, 2016

Senate Bill of 2015, provided a new appropriations ac- REQUIREMENT THAT DEPARTMENT OF VETERANS Section 124 of S. 2921 would restrict the count to fund medical care that is not pro- AFFAIRS COLLECT HEALTH-PLAN CONTRACT ability of the Secretary of Veterans Affairs vided at a VA facility. INFORMATION FROM VETERANS to place employees on administrative leave Senate Bill Current Law for no more than 14 days in a given year. The Section 274 of S. 2921 would provide for the Public Law 114–223 restricts VA’s use of fis- Secretary may waive the limitation but advance appropriation of funding for the cal year 2017 funding for the provision of hos- would be required to provide the Committee Medical Community Care Appropriations ac- pital care, nursing home care, or medical on Veterans’ Affairs of the Senate and House count. services under chapter 17 of title 38, U.S.C., of Representatives a detailed explanation for for non-service connected disabilities under extending the administrative leave. The ex- House Bill section 1729(a)(2) of title 38, U.S.C., unless planation would be required to include the The House Bills contain no comparable the veteran has provided third-party reim- position and location where the individual is provision. bursement information. employed. Not later than 30 days after the Compromise Agreement Senate Bill end of each fiscal year, the Secretary would Section 241 of S. 2921 would amend title 38, also be required to submit to the Committee Section 601 of the Compromise Agreement U.S.C., and add a new section 1705A. This sec- on Veterans’ Affairs of the Senate and House follows the language in the Senate Bill. tion would require VA to collect from indi- of Representatives a report listing the posi- IMPROVED ACCESS TO APPROPRIATE viduals information on health-plan contracts tion of each employee of the Department (if IMMUNIZATIONS FOR VETERANS and would allow VA to take any action nec- any) who has been placed on administrative essary to collect the information. In addi- leave for a period longer than 14 business Current Law tion, this section would denote that the Sec- days during such fiscal year. Section 1701 of title 38, U.S.C., provides retary may not deny services to an indi- definitions for medical care and hospital House Bill vidual if he or she fails to provide this infor- care. To promote health and prevent diseases Section 7 of H.R. 1994 as amended is similar mation. among veterans, VA delivers preventive to the Senate Bill, except that it would re- health services, which includes providing im- House Bill quire the Secretary of Veterans Affairs to munizations against infectious diseases. Rec- The House Bills contain no comparable also report the name of any individual who ommendations on immunizations for adults provision. was placed on administrative leave for are made by the Advisory Committee on Im- longer than 14 days to the Committee on Compromise Agreement munization Practices, an entity that advises Veterans’ Affairs of the Senate and House of Section 604 of the Compromise Agreement the Secretary of the Department of Health Representatives. The House Bill also would follows the Senate Bill. and Human Services and is supported by the not require an additional report from the MENTAL HEALTH TREATMENT FOR VETERANS Centers for Disease Control and Prevention. Secretary at the end of each fiscal year of WHO HAVE SERVED IN CLASSIFIED MISSIONS That advisory committee publishes an im- each individual placed on administrative munization schedule for adults. Current Law leave for a time that is greater than 14 days Section 7301 of title 38, U.S.C., established in the prior fiscal year. Senate Bill within the Veterans Health Administration Compromise Agreement Section 201 of S. 2921 would amend section of the Department of Veterans Affairs the Section 503 of the Compromise Agreement 1701 of title 38, U.S.C., to clarify that the primary function to provide complete med- follows the language in the House Bill, ex- term ‘‘preventive health services’’ encom- ical and hospital services for the medical cept that it would not require the Secretary passes immunizations against infectious dis- care and treatment of veterans. Section 1701 to provide any individual’s name who is eases, including each immunization on the of title 38, U.S.C., defines ‘‘hospital care’’ to placed on administrative leave for a time recommended adult immunization schedule include ‘‘mental health services, consulta- that is greater than 14 days and would only at the time such immunization is indicated tion, professional counseling, marriage and require the Secretary to report an individ- on that schedule. The section would also re- family counseling.’’ ual’s job title, pay grade, and location. quire VA to report to the Committee on Vet- Senate Bill erans’ Affairs of the Senate and House of REQUIRED COORDINATION BETWEEN DIRECTORS Section 212 of S. 2921 would amend title 38, Representatives on programs conducted the FOR VETERANS’ EMPLOYMENT AND TRAINING U.S.C., by adding a new section, 1720H, to di- previous fiscal year to ensure veterans have WITH STATE DEPARTMENTS OF LABOR AND rect VA to establish standards and proce- access to the recommended immunizations. VETERANS AFFAIRS dures in consultation with the Department Section 201 would also ensure that a veteran Current Law of Defense to ensure that veterans who par- would not receive an immunization that the ticipated in classified missions or served in Current law, section 4103 of title 38, U.S.C., veteran does not wish to receive. sensitive units may access mental health directs the Department of Labor to assign di- House Bill care in a manner that fully accommodates rectors of veterans’ employment and train- their obligation to not improperly disclose ing to each state. The House Bills contain no comparable provision. classified information. Senate Bill Compromise Agreement House Bill Section 501 of S. 2921 would require the De- Section 3 of H.R. 2915 as amended contains partment of Labor’s director of veterans’ em- Section 602 of the Compromise Agreement an identical provision. ployment and training for each state to co- follows the language in the Senate Bill. Compromise Agreement ordinate their activities with the state agen- PRIORITY OF MEDAL OF HONOR RECIPIENTS IN cies for labor and veterans affairs. Section Section 605 of the Compromise Agreement HEALTH CARE SYSTEM OF DEPARTMENT OF follows the language in the Senate and 501 would take effect 1 year after the enact- VETERANS AFFAIRS ment date. House Bills. Current Law House Bill EXAMINATION AND TREATMENT BY DEPARTMENT Section 1705 of title 38, U.S.C., provides for OF VETERANS AFFAIRS FOR EMERGENCY MED- The House Bills contain no similar provi- eligibility for the VA health care system. ICAL CONDITIONS AND WOMEN IN LABOR sions. Medal of honor recipients are eligible to be Current Law Compromise Agreement enrolled in the VA healthcare system under Current law contains no relevant provi- Section 504 of the Compromise Agreement priority group three and are required to pay sions. follows the language in the Senate Bill. applicable VA copayments for certain care. Senate Bill TITLE VI—HEALTH CARE MATTERS Senate Bill Section 246 of S. 2921 would add a new sec- SUBTITLE A—MEDICAL CARE Section 203 of S. 2921 would increase medal tion, 1784A, to title 38, U.S.C., to require any REQUIREMENT FOR ADVANCE APPROPRIATIONS of honor recipients from priority group three VA facility with an emergency department FOR THE MEDICAL COMMUNITY CARE ACCOUNT to priority group one in the VA health care to provide stabilizing care in the form of an OF THE DEPARTMENT OF VETERANS AFFAIRS system. Medal of honor recipients would be examination or treatment for an emergency Current Law elevated to the highest priority group within medical condition for any individual who is Section 117 of title 38, U.S.C., provides for the Veterans Health Administration and on the campus of the hospital and requests the advance appropriations of certain VA ap- would not be required to pay co-payments treatment or has a request for treatment propriations accounts. Providing appropria- for care they received. made on his/her behalf. tions in advance ensures that medical care House Bill House Bill and certain benefits continue if annual ap- Section 102 of H.R. 3016 as amended con- Section 2 of H.R. 3216 would add a new sec- propriations bills or a continuing resolution tains an identical provision. tion 1730B to title 38, U.S.C., to require a VA to provide funding are not signed into law facility with an emergency department to before the end of the fiscal year. Public Law Compromise Agreement provide stabilizing care to an enrolled vet- 114–41, the Surface Transportation and Vet- Section 603 of the Compromise Agreement eran in the form of examination or treat- erans Health Care Choice Improvement Act follows the language in both bills. ment for an emergent medical condition for

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00186 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.104 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7117 a veteran that requests treatment or a treat- Compromise Agreement employees. Under section 7675 of title 38, ment request is made by an individual acting Section 613 of the Compromise Agreement U.S.C., program participants are liable for on behalf of the veteran. follows the language in the Senate Bill. the amount which was paid to them or on their behalf if they fail to maintain appro- Compromise Agreement MODIFICATION OF HOURS OF EMPLOYMENT FOR priate academic standing, are dismissed for Section 606 of the Compromise Agreement PHYSICIANS EMPLOYED BY THE DEPARTMENT disciplinary reasons from the educational in- follows the language in the Senate Bill. It is OF VETERANS AFFAIRS stitution, voluntarily terminate the edu- the intent of Congress that VA obtain other Current Law health insurance information from individ- cation or training prior to completion, fail Section 7423(a) of title 38, U.S.C., estab- uals receiving care under this provision con- to meet licensure requirements, or if the par- lishes the hours that are used to determine sistent with the authority in section 604 of ticipant is a part-time student who fails to whether an employee is a full-time em- the Compromise Agreement. maintain VA employment while enrolled in a ployee. A full-time employee is one who training course. SUBTITLE B—VETERANS HEALTH works 80 hours over a 2 week period. Senate Bill ADMINISTRATION Senate Bill The Senate Bills contain no comparable TIME PERIOD COVERED BY ANNUAL REPORT ON Section 221 of S. 2921 would amend section provision. READJUSTMENT COUNSELING SERVICE 7423(a) of title 38, U.S.C., to provide an excep- House Bill Current Law tion to the requirement that the hours of The House Bills contain no comparable Section 7309 of title 38, U.S.C., requires the employment for a full-time VA physician or provision. Readjustment Counseling Service (herein- physician assistant must consist of not less Compromise Agreement after, ‘‘RCS’’) to submit an annual report than 80 hours in a biweekly pay period. Spe- covering the activities of the RCS for the cifically, VA may modify the hours of em- Section 616 of the Compromise Agreement preceding calendar year. ployment for a full-time physician or physi- would amend section 7675 of title 38, U.S.C., to include full-time students as among VA Senate Bill cian assistant to be more or less than 80 hours in a biweekly pay period if the total Employee Incentive Scholarship participants The Senate Bills contain no comparable liable for the amount which was paid to provision. hours for the employee does not exceed 2,080 hours in a calendar year. them or on their behalf, in the event the par- House Bill ticipant fails to maintain VA employment. House Bill The House Bills contain no comparable EXTENSION OF PERIOD FOR INCREASE IN GRAD- provision. Section 2 of H.R. 4150 as amended would UATE MEDICAL EDUCATION RESIDENCY POSI- amend section 7423(a) of title 38, U.S.C., to Compromise Agreement TIONS AT MEDICAL FACILITIES OF THE DE- provide an exception to the requirement that PARTMENT OF VETERANS AFFAIRS Section 611 of the Compromise Agreement the hours of employment for a full-time phy- Current Law contains a new provision that would amend sician or physician assistant must consist of section 7309 of title 38, U.S.C., to change the not less than 80 hours in a pay period. Sec- The Veterans Access, Choice, and Account- time period covered by the annual report to tion 2 would also ban the accrual of overtime ability Act of 2014 (Public Law 113–146; 38 include the activities of the RCS in the pre- because of the modification of the hours of U.S.C. 7302 note) requires the Secretary of ceding fiscal year. employment. Veterans Affairs to increase the number of graduate medical education residency posi- ANNUAL REPORT ON VETERANS HEALTH ADMIN- Compromise Agreement ISTRATION AND FURNISHING OF HOSPITAL tions by 1,500 residency slots during the 5 Section 614 of the Compromise Agreement CARE, MEDICAL SERVICES, AND NURSING HOME year period that began 1 year after enact- amends section 7423(a) of title 38, U.S.C., to CARE ment of Public Law 113–146. provide an exception to the requirement that Senate Bill Current Law the hours of employment for a full-time phy- Section 223 of S. 2921 would amend the Vet- Title 38, U.S.C., contains a number of re- sician must consist of not less than 80 hours erans Access, Choice, and Accountability Act quirements for VA to submit reports to Con- in a pay period, on the condition that the of 2014 (Public Law 113–146; 38 U.S.C. 7302 gress regarding the Department’s activities. physician provides VA with an advance writ- note) to allow VA an additional 5 years to inten notice. It is the intent of Congress that Senate Bill crease the number of graduate medical edu- the advance written notice required by this Section 248 of S. 2921 would amend title 38, cation residency positions at medical facili- section be a one-time notice to VA that the U.S.C., by adding a new section, 7330B, which ties of VA by 1,500 positions. It would also physician is willing to modify his or her would require VA to submit an annual report extend for 5 years the requirement that VA hours of employment as needed to ensure to Congress regarding the provision of hos- submit an annual report to the Committee proper staffing at the Department. pital care, medical services, and nursing on Veterans’ Affairs of the Senate and House home care by the Veterans Health Adminis- REPEAL OF COMPENSATION PANELS TO DETER- of Representatives on graduate medical edu- tration. An annual report would be due not MINE MARKET PAY FOR PHYSICIANS AND DEN- cation residency positions at VA medical fa- later than March 1 of each year from 2018 TISTS cilities. through 2022. Current Law House Bill House Bill Section 7431 of title 38, U.S.C., establishes H.R. 4011 contains an identical provision. Section 2 of H.R. 2256 as amended contains a pay system for VA physicians and dentists. Compromise Agreement The section also mandates that a panel com- an identical provision. Section 617 of the Compromise Agreement prised of physicians or dentists make rec- Compromise Agreement is identical to both the House and Senate ommendations on market pay for physicians provisions. Section 612 of the Compromise Agreement or dentists. follows the language in the Senate and REPORT ON PUBLIC ACCESS TO RESEARCH BY Senate Bill House Bills. DEPARTMENT OF VETERANS AFFAIRS The Senate Bills contain no comparable EXPANSION OF QUALIFICATIONS FOR LICENSED Current Law provision. MENTAL HEALTH COUNSELORS OF THE DE- Section 7303 of title 38, U.S.C., requires VA PARTMENT OF VETERANS AFFAIRS TO INCLUDE House Bill to carry out a program of medical research DOCTORAL DEGREES Section 4 of H.R. 5526 would amend section in connection with the provision of medical Current Law 7431 of title 38, U.S.C., to repeal the require- care and treatment to veterans in order to Section 7402(b)(11) of title 38, U.S.C., au- ment that physician or dental compensation more effectively carry out the primary func- thorizes the appointment in the Veterans panels be considered when setting market tion of the Veterans Health Administration Health Administration of licensed profes- pay for physicians or dentists. to contribute to the Nation’s knowledge sional mental health counselors (hereinafter, Compromise Agreement about disease and disability. ‘‘LPMHC’’) provided the LPMHCs hold a Section 615 of the Compromise Agreement Senate Bill master’s degree in mental health counseling. follows the language in the House Bill. Section 296 of S. 2921 would provide that, Senate Bill CLARIFICATION REGARDING LIABILITY FOR not later than 180 days and 1 year after en- Section 214 of S. 2921 would amend section BREACH OF AGREEMENT UNDER DEPARTMENT actment, VA must submit a report on in- 7402(b)(11) of title 38, U.S.C., to expand the OF VETERANS AFFAIRS EMPLOYEE INCENTIVE creasing public access to scientific publica- qualifications for an individual to be ap- SCHOLARSHIP PROGRAM tions and digital data from research funded by VA. pointed as a VA licensed professional mental Current Law health counselor to include individuals with House Bill Section 7671 of title 38, U.S.C., authorizes a doctoral degree in mental health coun- VA to carry out the Employee Incentive The House Bills contain no comparable seling. Scholarship Program as a tool to recruit and provision. House Bill retain health professionals. This program Compromise Agreement The House Bills contain no comparable provides education and training scholarships Section 618 of the Compromise Agreement provision. for qualified Veterans Health Administration follows the language in the Senate Bill.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00187 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.105 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7118 CONGRESSIONAL RECORD — SENATE December 9, 2016

AUTHORIZATION OF CERTAIN MAJOR MEDICAL research on health conditions of descendants select no less than 13 voting members with FACILITY PROJECTS OF THE DEPARTMENT OF of individuals with toxic exposure and the not less than three members of organizations VETERANS AFFAIRS ability to conduct the recommended re- with tax exempt status, not less than one de- Current Law search. scendant of a veteran exposed to toxic sub- Not later than 2 years after entering into stances who has manifested a structural or Section 8104(a)(2) of title 38, U.S.C., rean agreement, section 282 would require the functional birth defect or a health condition quires statutory authorization for all VA organization to provide a report that in- that is related to the toxic exposure, or a major medical facility construction projects. cludes the results of the assessment con- parent or child of that descendant, not less Senate Bill ducted regarding the scope and methodology than six health professionals, scientists, or S. 3438 as amended would authorize the required to conduct adequate research and a academics who are not employees of the Fed- Secretary of Veterans Affairs to carry out a determination regarding whether the results eral Government and have expertise in re- major medical facility project in Reno, Ne- of such assessment indicate that it is fea- search. The Secretary may select additional vada, and Long Beach, California. sible to conduct further research, including members from among social workers and ad- House Bill an explanation of the basis for determina- vocates for veterans or members of the Armed Forces who are not employees of the The House Bills contain no comparable tion. Not later than 90 days after receiving Federal Government and nonvoting members provisions. the results of the assessment and determination, the Secretary of Veterans Affairs must who are employees of the Federal Govern- Compromise Agreement submit to the Committee on Veterans’ Af- ment with expertise in research. The advi- Section 619 of the Compromise Agreement fairs of the Senate and House of Representa- sory board would meet quarterly with the follows the language in the Senate Bill. tives a certification of the understanding of National Center, review the annual report SUBTITLE C—TOXIC EXPOSURE the Secretary regarding the feasibility of submitted by the National Center and advise the Secretary with respect to the National DEFINITIONS conducting further research regarding health conditions of descendants of veterans with Center’s work and issues related to the Current Law toxic exposure. health conditions of descendants of veterans Current law contains no relevant provi- exposed to toxic substances, including any House Bill sion. determinations or recommendations that the The House Bills contain no comparable Senate Bill advisory board may have with respect to the provision. feasibility and advisability of the Depart- Section 281 of S. 2921 would define the Compromise Agreement ment providing health care services to de- terms Armed Forces, descendant, toxic expo- scendants. No later than 1 year after the es- sure, and veteran for purposes of this sub- Section 632 of the Compromise Agreement tablishment of the advisory board and not title. follows the language in the Senate Bill. ADVISORY BOARD ON RESEARCH RELATING TO less than 1 year thereafter, the board would House Bill be required to submit a report with rec- HEALTH CONDITIONS OF DESCENDANTS OF Section 2 of H.R. 1769 and section 301 of ommendations for administrative and legis- VETERANS WITH TOXIC EXPOSURE WHILE H.R. 5286 would define the terms Armed lative action to the Committee on Veterans’ SERVING IN THE ARMED FORCES Force, descendant, exposed, exposure, toxic Affairs of the Senate and House of Rep- substance, and veteran for purposes of this Current Law resentatives and to the Secretary. subtitle. Current law contains no relevant provi- Compromise Agreement sion. Compromise Agreement Section 633 of the Compromise Agreement Senate Bill Section 631 of the Compromise Agreement follows the language in the Senate Bill, as follows the language in the Senate Bill. Section 283 of S. 2921 would require that, well as the intent expressed by the Senate. unless the Secretary of Veterans Affairs cer- NATIONAL ACADEMY OF MEDICINE ASSESSMENT RESEARCH RELATING TO HEALTH CONDITIONS OF tifies that it is not feasible to conduct fur- ON RESEARCH RELATING TO THE DESCEND- DESCENDANTS OF VETERANS WITH TOXIC EX- ther research, not later than 180 days after ANTS OF INDIVIDUALS WITH TOXIC EXPOSURE POSURE WHILE SERVING IN THE ARMED receiving the assessment from the NAM, the FORCES Current Law Secretary establish an advisory board to ad- Current Law Current law contains no relevant provi- vise the Secretary in the selection of a re- Current law contains no relevant provision. search entity or entities, advise the entity or sion. Senate Bill entities in conducting research and advise the Secretary with respect to the activities Senate Bill Section 282 of S. 2921 would require that, Section 284 of S. 2921 would require, unless not later than 180 days after enactment, the of the entity or entities. The advisory board would consist of 13 voting members with not the Secretary certifies that it is not feasible Secretary of Veterans Affairs enter into an to conduct further research, not later than 1 agreement with the National Academy of less than two members of organizations with tax exempt status, two descendants of vet- year after receiving the results and deter- Medicine (hereinafter, ‘‘NAM’’) to conduct mination from the NAM, the Secretary to an assessment on scientific research relating erans with toxic exposure, and seven health professionals, scientists or academics with enter into an agreement with one or more re- to the descendants of individuals with toxic search entities to conduct research on health exposure. If an agreement cannot be entered expertise in research. It is the intent of the Senate that the Secretary select health pro- conditions of descendants of veterans with into, the Secretary must seek to enter into toxic exposure while serving as members of such an agreement with another appropriate fessionals, scientists, or academics to serve on the advisory board that are highly quali- the Armed Forces. organization. The research entity or entities would as- fied in their respective fields and have peer- Section 282 would require that the assess- sess, using the categories established in sec- reviewed published work. The advisory board ment include review of the scientific lit- tion 282, the extent to which a health condi- would advise the Secretary in the selection erature regarding toxicological and epide- tion of a descendant of a veteran is related of a research entity or entities, advise the miological research on descendants of indi- to toxic exposure of the veteran while serv- entity and assess the activities of the entity viduals with toxic exposure; an assessment ing as a member of the Armed Forces. The in conducting research, develop a research of areas requiring further study; and an as- entity would be allowed to study individuals strategy for the entity or entities, advise the sessment of the scope and methodology re- as identified in the assessment in section 282, Secretary with respect to the activities of quired to conduct adequate research includ- which includes veterans with toxic exposure the entity or entities, submit recommenda- ing the types of individuals to be studied, the and the descendants of those veterans. The tions for the annual report, and meet not number of veterans and descendants to be Senate encourages the research entity, as less frequently than semiannually with the studied, alternatives for participation, feasible, to examine the role of epigenetics Secretary and representatives of the entity amount of time and resources needed, and on male reproduction as it relates to toxic or entities. the appropriate Federal agencies needed to exposure among veterans. The Secretary of participate. Section 282 also would require House Bill Defense and the Secretary of Veterans Af- the establishment of categories, including Section 4 of H.R. 1769 and section 303 of fairs would be required to make available to definitions for each category, to be used in H.R. 5286 would require that, within 180 days the research entity records held by VA, the assessing the evidence that a particular of enactment, VA establish an advisory Department of Defense, the Armed Forces, or health condition is related to toxic exposure board to oversee and assess the National any other Federal agency, as appropriate, and an analysis of the feasibility of con- Center established under section 3 of H.R. that the research entity determines are nec- ducting scientific research, the value and 1769 and section 302 of H.R. 5286. It would re- essary. The Secretaries would jointly estab- relevance of the information that could require that, within 120 days of enactment, the lish a mechanism for access. sult from the research, and the feasibility Secretary of Veterans Affairs, in consulta- Not later than 1 year after commencing and advisability of assessing additional in- tion with the Secretary of Health and the research, and not later than September formation held by a Federal agency that Human Services, the Director of the Na- 30 each year thereafter, the research entity may be sensitive. The assessment also would tional Institute of Environmental Health would, in consultation with the advisory include the identification of a research enti- Sciences, and other heads of Federal agen- board, submit to the Secretary and the Com- ty or entities with expertise in conducting cies as the Secretary determines appropriate mittee on Veterans’ Affairs of the Senate

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00188 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.106 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7119

and House of Representatives a report on the Compromise Agreement WAIVER OF MINIMUM PERIOD OF CONTINUOUS AC- functions of the research entity during the Section 634 of the Compromise Agreement TIVE DUTY IN ARMED FORCES FOR CERTAIN preceding year. The report would include a follows the language in the Senate Bill, as BENEFITS FOR HOMELESS VETERANS summary of the research efforts, a descrip- well as the intent expressed by the Senate. Current Law tion of any findings made, and recommenda- TITLE VII—HOMELESSNESS MATTERS Section 5303A of title 38, U.S.C., requires tions for administrative or legislative action veterans who entered into service after Sep- made by the advisory board, which may in- SUBTITLE A—ACCESS OF HOMELESS VETERANS tember 7, 1980, to have completed the shorter clude recommendations for further research. TO BENEFITS of 24 months of continuous active duty or the Upon request from any 501(c)(19) tax exempt EXPANSION OF DEFINITION OF HOMELESS VET- full period for which the veteran was called organization, the Secretary may transmit to ERAN FOR PURPOSES OF BENEFITS UNDER THE to active duty to be eligible for VA health the organization a copy of the report. LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS benefits. Section 5303A of title 38, U.S.C., in- House Bill cludes a number of exceptions to this re- Current Law quirement. Section 3 of H.R. 1769 and section 302 of Section 2002 of title 38, U.S.C., defines Senate Bill H.R. 5286 would require that, no later than 1 ‘‘homeless veteran,’’ for purposes of eligi- year after enactment, the Secretary of Vet- bility for VA homeless programs, as the term Section 2 of S. 1731 as amended would erans Affairs select, in consultation with the is defined in section 103(a) of the McKinney- amend section 5303A(b)(3) of title 38, U.S.C., advisory board established under section 4 of Vento Homeless Assistance Act (section to include among the exceptions to the min- H.R. 1769 and section 303 of H.R. 5286, a VA 11302(a) of title 42, U.S.C.). Congress amended imum period of continuous active duty serv- medical center to serve as the national cen- the McKinney-Vento Homeless Assistance ice requirement, homeless veterans eligible ter for research on the diagnosis and treat- Act in 2009 to include homeless individuals for VA’s GPD program and SSVF program. ment of health conditions of descendants of or families fleeing their residence as a result House Bill individuals exposed to toxic substances while of domestic or other life-threatening situa- The House Bills contain no comparable serving as a member of the Armed Forces tions. VA’s definition of homeless veteran provision. that are related to such exposure. The Na- has not been updated to reflect this change. tional Center must be selected from among Compromise Agreement Senate Bill VA’s medical centers with expertise in diag- Section 703 of the Compromise Agreement nosing and treating functional and struc- Section 601 of S. 2921 would amend section follows the language in the Senate Bill. 2002 in title 38, U.S.C., so that the VA defini- tural birth defects, or expertise in caring for TRAINING OF PERSONNEL OF THE DEPARTMENT tion of homeless would include those individ- individuals exposed to toxic substances and OF VETERANS AFFAIRS AND GRANT RECIPIENTS uals described in section 11302(b) of title 42, diagnosing and treating any health condi- Current Law tions resulting from such exposure or med- U.S.C., such as those fleeing domestic vio- ical centers that are affiliated with research lence. Section 2012 of title 38, U.S.C., requires VA medical centers or teaching hospitals with Section 4 of S. 1731 as amended would de- to award grants and provide per diem pay- such expertise. The Center would be required fine veteran for purposes of certain VA pro- ments to public and non-profit private enti- to study individuals that are a descendant of grams, including the Grant and Per Diem ties operating transitional housing facilities a member of the Armed Forces and such (hereinafter, ‘‘GPD’’) program and the Sup- and supportive services programs for vet- member was exposed to a toxic substance portive Services for Very-Low Income Vet- erans. Section 2044 of title 38, U.S.C., re- while serving as a member of the Armed eran Families (hereinafter, ‘‘SSVF’’) pro- quires VA to provide financial assistance to Forces and such descendant is afflicted with gram, as a person who served in the active eligible entities to provide and coordinate a health condition that is related to the ex- military, naval, or air service, regardless of the provision of supportive services for very posure of such member to such toxic sub- length of service, and who was discharged or low-income veteran families occupying per- stance and individuals that were exposed to released. This would not include a person manent housing. a toxic substance while serving as a member who received a dishonorable discharge or a Senate Bill of the Armed Forces and are afflicted with a discharge by reason of a general court mar- Section 5 of S. 1731 as amended would re- health condition that is related to the expo- tial. quire VA to provide training and education sure. Not less than once a year, the National House Bill on the implementation of this title and the Center must submit to Congress and the ad- Section 1 of H.R. 272 and section 3 of H.R. amendments made by this subtitle to VA visory board a report that includes the re- 2256 as amended would amend section 2002 in staff supporting or administering VA home- search efforts that have been completed dur- title 38, U.S.C., so that the VA definition of less programs and recipients of grants or ing that year, and efforts that are ongoing as homeless would include those individuals de- other funding to carry out the GPD or SSVF of the date of submittal of the report. scribed in section 11302(b) of title 42, U.S.C., program. Section 5 of H.R. 1769 and section 305 of such as those fleeing domestic violence. The House Bill House Bills are similar to section 601 of S. H.R. 5286 would require the Secretary of De- The House Bills contain no comparable 2921. The House Bills contain no comparable fense to conduct a declassification review to provision. determine what information may be made provision to section 4 of S. 1731 as amended. Compromise Agreement publicly available relating to any known in- Compromise Agreement cident in which no less than 100 members of Section 701(1) of the Compromise Agree- Section 704 of the Compromise Agreement the Armed Forces were exposed to a toxic ment follows the language in both the Sen- follows the language in the Senate Bill. substance that resulted in at least one case ate and House Bills. Section 701(2) follows REGULATIONS of a disability that a specialist in the field of the language in the Senate Bill. Current Law occupational medicine has determined to be AUTHORIZATION TO FURNISH CERTAIN BENEFITS credibly associated with that toxic sub- Current law contains no relevant provi- TO HOMELESS VETERANS WITH DISCHARGES OR stance. To the extent possible and consistent sions. RELEASES UNDER OTHER THAN HONORABLE with national security, the Secretary would Senate Bill CONDITIONS be required to make publicly available the Section 7 of S. 1731 as amended would re- information declassified following the re- Current Law quire VA to prescribe regulations not later view. Section 5303 of title 38, U.S.C., requires than 270 days after the date of enactment to Section 5 of H.R. 1769 and section 305 of that individuals be barred from receiving VA ensure that VA is in compliance with this H.R. 5286 would require the Secretary of Vet- benefits under certain conditions. title and the amendments made by this sub- erans Affairs, in consultation with the Sec- Senate Bill title. retary of Health and Human Services and the Section 3 of S. 1731 as amended would House Bill Secretary of Defense, to conduct a national amend section 5303 of title 38, U.S.C., to ex- The House Bills contain no comparable outreach and education campaign directed empt homeless veterans from being disquali- provision. toward members of the Armed Forces, vet- fied from receiving services through VA’s Compromise Agreement erans, and their family members to commu- GPD program and SSVF program as a result nicate (1) information on incidents of expo- of a discharge or dismissal from the Armed Section 705 of the Compromise Agreement sure of members of the Armed Forces to Forces under conditions other than honor- follows the language in the Senate Bill. toxic substances, health conditions resulting able, except for discharge by reason of a gen- EFFECTIVE DATE from such exposure, and the potential long- eral court-martial. Current Law term effects of such exposure on the individ- House Bill Current law contains no relevant provi- uals exposed to those substances and the de- sions. scendants of those individuals and (2) infor- The House Bills contain no comparable mation on the National Center established provision. Senate Bill under section 302 for individuals eligible to Compromise Agreement Section 8 of S. 1731 as amended would re- participate in studies conducted at the Na- Section 702 of the Compromise Agreement quire that this subtitle and amendments tional Center. follows the language in the Senate Bill. made by the subtitle apply to individuals

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00189 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.107 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7120 CONGRESSIONAL RECORD — SENATE December 9, 2016 seeking VA homeless benefits under chapter submit a report to Congress within 1 year of House Bill 20 of title 38, U.S.C., before, on, and after the enactment to assess the new program. The House Bills contain no comparable date of enactment. House Bill provision. House Bill The House Bills contain no comparable Compromise Agreement The House Bills contain no comparable provision. Section 714 of the Compromise Agreement provision. Compromise Agreement follows the language in the Senate Bill. Compromise Agreement Section 712 of the Compromise Agreement REPORT ON OUTREACH RELATING TO INCREASING Section 706 of the Compromise Agreement follows the language in the Senate Bill. THE AMOUNT OF HOUSING AVAILABLE TO VET- follows the language in the Senate Bill. The ESTABLISHMENT OF NATIONAL CENTER ON ERANS intent of Congress is that those previously HOMELESSNESS AMONG VETERANS Current Law found ineligible for services through VA’s Current Law Current law contains no relevant provi- GPD and SSVF programs would have the op- Current law contains no relevant provisions. portunity to receive a new review for eligi- sions. bility should they still need services from ei- Senate Bill Senate Bill ther of those programs. Section 611 of S. 2921, in a freestanding pro- Subsection (a) of section 606 of S. 2921 vision, would require the Secretary of Vet- SUBTITLE B—OTHER HOMELESSNESS MATTERS would add a new section 2067 to title 38, erans Affairs to submit to the Committee on INCREASED PER DIEM PAYMENTS FOR TRANSI- U.S.C., to codify the existing National Cen- Veterans’ Affairs of the Senate and House of TIONAL HOUSING ASSISTANCE THAT BECOMES ter on Homelessness Among Veterans (here- Representatives a report describing and as- PERMANENT HOUSING FOR HOMELESS VET- inafter, ‘‘NCHAV’’). This would require the sessing VA outreach to realtors, landlords, ERANS Secretary of Veterans Affairs to oversee a property management companies, and devel- Current Law center that operates independently of other opers to educate them about the housing Current law, section 2012 of title 38, U.S.C., VA homelessness programs. Subsection (a) of needs of veterans as well as the benefits of requires VA to award grants and provide per new section 2067 of title 38, U.S.C., would re- having veterans as tenants. diem payments to public and non-profit pri- quire that the NCHAV implement the fol- House Bill lowing functions: carry out and promote re- vate entities operating transitional housing The House Bills contain no comparable search into the causes of and contributing facilities and supportive services programs provision. for veterans. The per diem payment, which is factors to veteran homelessness; assess the set at a maximum of $43.32 per day, per vet- effectiveness of VA programs to meet the Compromise Agreement eran housed, is calculated based on the daily needs of homeless veterans; identify and dis- Section 715 of the Compromise Agreement cost of care, but may not exceed the rate seminate best practices with regard to hous- follows the language in the Senate Bill, ex- paid to State homes for domiciliary care. ing stabilization, income support, employ- cept that it would require the report to also be submitted to the Committee on Banking, Senate Bill ment assistance, community partnerships, and other matters as the Secretary deems Housing, and Urban Affairs of the Senate and Section 602 of S. 2921 would amend section appropriate; integrate evidence-based best the Financial Services Committee of the 2012(a)(2) of title 38, U.S.C., to increase the practices, policies, and programs into VA House of Representatives. maximum per diem rate for homeless vet- programs for homeless veterans and ensure TITLE VIII—OTHER MATTERS eran service providers participating in the VA staff and community partners are effec- DEPARTMENT OF VETERANS AFFAIRS Transition in Place program to compensate tively able to implement them; and serve as CONSTRUCTION REFORMS for an increase in operational costs. Section a resource center for all research and train- 602 would also authorize the per diem rate ing activities carried out by VA, Federal en- Current Law VA provides to certain entities that provide tities, and community partners to promote Section 8104(a)(2) of title 38, U.S.C., re- services to homeless veterans to exceed the the exchange of information with respect to quires statutory authorization for all VA rate paid to State homes in the case of serv- veteran homelessness. major medical facility construction projects ices provided to a homeless veteran who is House Bill and requires VA to notify the Committees on placed in housing that will become perma- Veterans’ Affairs and Appropriations of the The House Bills contain no comparable nent housing upon termination of those serv- Senate and the House of Representatives provision. ices (transition-in-place). In those cases, the prior to obligating any unobligated amounts maximum per diem would be 150 percent of Compromise Agreement in the Construction, Major Projects account the State home rate. Section 713 of the Compromise Agreement that are a direct result of bid savings from a House Bill follows the language in the Senate Bill. major construction project. The House Bills contain no comparable REQUIREMENT FOR DEPARTMENT OF VETERANS Senate Bill provision. AFFAIRS TO ASSESS COMPREHENSIVE SERVICE The Senate Bills contain no comparable Compromise Agreement PROGRAMS FOR HOMELESS VETERANS provision. Section 711 of the Compromise Agreement Current Law House Bill follows the language in the Senate Bill. Section 2012 of title 38, U.S.C., requires VA Section 2 of H.R. 3106 as amended would re- to award grants and provide per diem pay- PROGRAM TO IMPROVE RETENTION OF HOUSING quire the use of industry standards, standard ments to public and non-profit private enti- BY FORMERLY HOMELESS VETERANS AND VET- designs, and best practices for VA medical ties operating transitional housing facilities ERANS AT RISK OF BECOMING HOMELESS facility construction projects; require VA to and supportive services programs for vet- Current Law ensure that relevant employees have ongoing erans. professional training and development re- Current law, section 2012 of title 38, U.S.C., Senate Bill garding industry standards and best prac- requires VA to award grants and provide per Section 610 of S. 2921 would require VA to tices; prohibit VA from obligating/expending diem payments to public and non-profit pri- assess and measure the capacity of GPD pro- funds for advance planning or design for any vate entities operating transitional housing grams, including how well they achieve their super construction project until 60 days after facilities and supportive services programs stated goals at the national level, place- congressional notification; prohibit VA from for veterans. ments in permanent housing and employ- obligating funds for a major medical facility Senate Bill ment, and increases in the regular income of project/super construction project by more Section 604 of S. 2921 would amend title 38, participants in the programs. In conducting than 10 percent of the amount approved by U.S.C., to redesignate current section 2013 as the required assessment, VA should develop law without congressional approval; prohibit 2014 and insert a new section 2013 to require and use tools to examine the capacity of the VA from using bid savings amounts/funds for VA to carry out a program to increase hous- programs at the national and local levels. other than their original purpose before 30 ing stability and retention by providing The section would also require VA to utilize days after notifying the Committees on Vet- grants to community organizations that pro- information collected under this section to erans’ Affairs and Appropriations of the vide case management to formerly homeless set specific goals to ensure the GPD pro- House of Representatives and the Senate un- veterans. These organizations should include grams are effectively serving homeless vet- less each committee approves the obligation; those that are successfully providing or have erans, to assess whether the programs are require VA to report to the Committees on successfully provided transitional housing meeting the specific goals, to inform funding Veterans’ Affairs and Appropriations of the services under sections 2012 or 2016 of title 38, allocations for the programs, and to improve House of Representatives and the Senate on U.S.C. This section would require the Sec- the referral of homeless veterans to GPD the use of bid savings; require quarterly re- retary of Veterans Affairs to give grant pro- programs. VA would be required to submit a ports on super construction projects; and revision priority to an organization that vol- report to the Committee on Veterans’ Affairs quire VA to complete a master plan for each untarily stops receiving per diem payments of the Senate and House of Representatives VA medical facility. and converts an existing transitional hous- on the assessment and include recommenda- Section 3 of H.R. 3106 as amended would ing facility into a permanent housing facil- tions for legislative and administrative ac- create, within VA’s Office of the Inspector ity. This section would also require VA to tions for improving the programs. General, an Assistant Inspector General for

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00190 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.108 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7121 Construction to conduct, supervise, and co- The preambles were agreed to. particularly gracious on the other side ordinate audits, evaluations, and investiga- (The resolutions, with their pre- of the Capitol, saying if a State needed tions into the planning, design, contracting, ambles, are printed in today’s RECORD more time, if there were questions with execution, and construction of VA facilities under ‘‘Submitted Resolutions.’’) respect to whether they could meet and infrastructure. The PRESIDING OFFICER. The Sen- some of the criteria, he was open to Compromise Agreement ator from Oregon. giving them that kind of additional Section 801 of the Compromise Agreement f time. follows the language in the House Bill. I will tell my colleagues: I told my UNANIMOUS CONSENT REQUEST— Mr. BOOZMAN. Mr. President, I ask constituents this fall that probably H.R. 5456 unanimous consent that the bill be nothing is more important to me than considered read a third time. Mr. WYDEN. Mr. President, in just a to come back here and pursue what I The bill was ordered to a third read- few minutes, because it is very late or call principled bipartisanship. Biparti- ing and was read the third time. very early, if one might characterize sanship is not about taking each oth- Mr. BOOZMAN. Mr. President, I the hour of the morning, I will be offer- er’s bad ideas. Anybody can do that. know of no further debate on the bill. ing a unanimous consent request to That is a piece of cake. Principled bi- The PRESIDING OFFICER. The bill pass Calendar No. 527, H.R. 5456, the partisanship is about taking good ideas having been read the third time, the Family First Prevention Services Act. from both sides of the aisle. question is, Shall the bill pass? Just to give a short description of For example, I know that with the The bill (H.R. 6416) was passed. this bill, there has been an enormous Presiding Officer, there was a question Mr. BOOZMAN. Mr. President, I ask amount of bipartisan effort and good about the type of providers in his home unanimous consent that the motion to will to enact this legislation that many State that might be eligible for this reconsider be considered made and laid policy experts consider the most sig- service. So we said we had heard from upon the table. nificant improvement in child welfare a number of conservatives that they The PRESIDING OFFICER. Without policy in decades. wanted to make sure that one type of objection, it is so ordered. In the other body, the legislation provider over another wasn’t favored. f passed unanimously, and there was su- So we said all of the providers can par- perb work done by Chairman BRADY, ticipate as long as they meet the qual- COMBAT-INJURED VETERANS TAX the Speaker, Congressman RYAN, VERN ity standards. That was essentially a FAIRNESS ACT OF 2016 BUCHANAN. There was a whole host of conservative concept. Mr. BOOZMAN. Mr. President, I ask colleagues on the Democratic side, We had a number on our side of the unanimous consent that the Senate SANDY LEVIN, LLOYD DOGGETT, and aisle who wanted to make sure there proceed to the immediate consider- Leader PELOSI, a whole host of Mem- really were wrap-around services for ation of H.R. 5015, which was received bers and enormous effort. You had the these kinds of families. There is good from the House. leadership, the Ways and Means Com- foster care. Nobody has ever said that The PRESIDING OFFICER. The mittee. They came together and passed is not the case. But we know that Fed- clerk will report the bill by title. the legislation unanimously. eral policy shouldn’t create an incen- The senior assistant legislative clerk The reason they did is, 500 organiza- tive to rip these families apart. It read as follows: tions, groups representing children and should create incentives to keep fami- A bill (H.R. 5015) to restore amounts im- pediatricians and the Catholic bishops, lies together. properly withheld for tax purposes from sev- the Children’s Defense Fund, all came So I wanted to come tonight and erance payments to individuals who retired together. They said the current policy make one more appeal to pass what is, or separated from service in the Armed today with respect to vulnerable chil- according to many of the most authori- Forces for combat-related injuries, and for dren just defies common sense. In ef- tative experts of child welfare, the other purposes. fect, you cannot get help to the fami- most significant improvement in child There being no objection, the Senate lies when it really is most critical. welfare law in decades. proceeded to consider the bill. When a family member or parent, for There are no objections on our side of Mr. BOOZMAN. Mr. President, I ask example, is dealing with drug abuse or the aisle. This is the second time I unanimous consent that the bill be mental health or a challenge where, if brought up this unanimous consent re- considered read a third time and passed they were able to get a modest amount quest, and no Senator has come to the and the motion to reconsider be consid- of assistance, the family could come floor on the other side of the aisle to ered made and laid upon the table. together again and be healthy, the raise an objection in terms of policy The PRESIDING OFFICER. Without youngster would be able to stay in the and substance. Frankly, I wish that objection, it is so ordered. home. Very often, in these kinds of in- somebody would, because I think we The bill (H.R. 5015) was ordered to a stances, a grandparent or an uncle, if could accommodate them. Because of third reading, was read the third time, we made some modest changes in Fed- the graciousness of Chairman BRADY, and passed. eral policy, could step up as well— the Republican chair on the other side, f something I feel very strongly about I think we could accommodate them. having written the kinship care law a But no Senator has come now, for the RESOLUTIONS SUBMITTED TODAY number of years ago to reward grand- second time this week, to actually Mr. BOOZMAN. Mr. President, I ask parents, aunts, and uncles when they offer a substantive objection. unanimous consent that the Senate could meet the strict standards for So if you want what I call principled now proceed to the consideration of the qualifying to take care of a youngster bipartisanship, which is what Chair- following Senate resolutions, which in these circumstances. man HATCH, Chairman GRASSLEY, were submitted earlier today: S. Res. Chairman HATCH, Chairman GRASS- Chairman BRADY—so many colleagues 635, S. Res. 636, S. Res. 637, S. Res. 638, LEY, and many of our senior Members on both sides of the aisle have been and S. Res. 639. have worked very hard with me and working for—we have to have col- There being no objection, the Senate our colleague Senator BENNET from leagues who will come and actually proceeded to consider the resolutions Colorado, who has devoted an enor- voice their substantive objection. I am en bloc. mous amount of attention to the needs making it clear again tonight that if Mr. BOOZMAN. Mr. President, I ask of youngsters. I have been on the floor anyone on the other side of the aisle unanimous consent that the resolu- tonight really for the last 5 or 6 hours has a substantive objection, my guess tions be agreed to, the preambles be trying to resolve remaining concerns. is we could resolve it, because there agreed to, and the motions to recon- Now, we had a hotline months and has been a lot of goodwill on both sider be considered made and laid upon months ago on this bill, and there real- sides. But if people won’t come and the table en bloc. ly wasn’t much reaction at the outset, make a substantive objection, then it The PRESIDING OFFICER. Without and finally there were three Members is hard to know what might satisfy objection, it is so ordered. who had concerns, and we moved to ad- them and allow us to proceed with this The resolutions were agreed to. dress them. Chairman BRADY has been very important child welfare reform.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00191 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.109 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7122 CONGRESSIONAL RECORD — SENATE December 9, 2016 So I want it understood that I am The resolution (S. Res. 640) was After he left, he went to the Ohio going to prosecute this case of improv- agreed to. State University and asked if they ing the lives of these vulnerable young- The preamble was agreed to. would like to start a leadership insti- sters and these families for as long as (The resolution, with its preamble, is tute to encourage public service called I have the honor to represent Oregon in printed in today’s RECORD under ‘‘Sub- the Glenn Institute, and it later be- the Senate. I think this is what public mitted Resolutions.’’) came the Glenn School. I actually service is supposed to be all about. I Mr. PORTMAN. Mr. President, I ap- taught there. Before running for the will continue to work in a bipartisan preciate the fact that the Senate has U.S. Senate, I taught four courses way. I think that is how we tackle the just adopted a resolution honoring there; I co-taught with a wonderful big issues, the big challenges facing our John Glenn. In fact, if you look at this professor there at the Glenn School. I country. Nobody really has enough resolution, at the end of it, it indicates also joined the board of advisors at votes to have it all their way. Cer- that the adjournment today will be an John Glenn’s request, and I am still on tainly, if you want a policy that you adjournment in further respect to the that board. In fact, we had a meeting can sustain, it has to be bipartisan. memory of the late John Glenn. I ap- in October, only about 6 weeks ago, So we are going to stay at this until preciate the fact that the Senate has where John Glenn presided. He chaired we get it done. done that as well. the meeting, as he always does. He was I spoke on the floor yesterday regard- With that in mind, I ask unanimous in good humor. He was energetic. He ing my friend John Glenn, and my col- consent that the Senate proceed to the was energized about a new project—a league SHERROD BROWN and I have in- immediate consideration of Calendar leadership institute for young legisla- troduced this resolution. Senator No. 527, H.R. 5456, the Family First tors to help encourage even more peo- BROWN also spoke with regard to John Prevention Services Act, that the ple to not just get into public service Glenn’s incredible life history. This is a Wyden substitute amendment be but to gain the skills to be better pub- true icon whom we have lost, sadly, agreed to, and the bill, as amended, be lic servants. That is what really ex- this week at the age of 95. read a third time and passed. He was a true hero in so many re- cited him. I had the privilege of getting to know The PRESIDING OFFICER. Is there spects. Long before he was an astro- him through the work we did also in objection? naut, he was a hero as a marine avi- the U.S. Senate and in the House of Mr. BOOZMAN. Mr. President, I do ator. He actually flew 59 combat mis- Representatives. I was in the House, he not personally object to this bill, but sions in World War II. He also flew was in the Senate. One of the passions on behalf of Senator ENZI, I object. combat missions in the Korean war and he had was to ensure that we had good The PRESIDING OFFICER. Objec- was highly decorated. After that, he tion is heard. was a test pilot. In fact, he broke the government in this country, and that f transcontinental speed record as a test included not having the Federal Gov- pilot before becoming an astronaut. ernment send unfunded mandates down RECESS SUBJECT TO THE CALL OF to the State and local governments. So THE CHAIR As an astronaut, we all know the story of Friendship 7, a capsule about I was the House author on the Repub- Mr. BOOZMAN. Mr. President, I ask the size of two or three of these desks. lican side, he was the Senate author on unanimous consent that the Senate You can see it at the Air and Space the Democratic side, and that legisla- stand in recess subject to the call of Museum. He somehow was able to get tion was passed to curb unfunded man- the Chair. inside of this capsule and orbit the dates and went to the desk of President There being no objection, the Senate, Earth at a time when the United Clinton for signature. I got to be in the at 2:56 a.m., recessed subject to the call States was in a space race with the So- Rose Garden with Senator Glenn for of the Chair and reassembled at 3:35 viet Union, and his splashing down in that signing ceremony. What an honor a.m. when called to order by the Pre- the Atlantic Ocean off the coast of the to be with him. He was a guy who was siding Officer (Mr. TILLIS). Caribbean was considered to be a major willing to take on tasks like that, even The PRESIDING OFFICER. The Sen- change in terms of the U.S. positioning when, perhaps, it wasn’t as popular in ator from Ohio. on space and our ability to show that his party as it was in ours. f yes, U.S. technology and innovation So I stand here today as someone could work. who has benefited from the model of RECOGNIZING THE DEATH OF service that he has shown our country. JOHN GLENN, FORMER SENATOR He then came to the U.S. Congress to speak to a joint session of Congress. I will say, too, that my wife Jane and FOR THE STATE OF OHIO AND I benefited from the model Annie THE FIRST INDIVIDUAL FROM Imagine that. At age 40, you have an astronaut speaking to a joint session— Glenn and John Glenn have shown. I THE UNITED STATES TO ORBIT believe they were married for 76 years, THE EARTH something normally reserved for heads of state. and they knew each other when they Mr. PORTMAN. Mr. President, I ask He then was successful in business were children. Never was Annie Glenn unanimous consent that the Senate and decided that he actually would far from his side—an incredible woman proceed to the immediate consider- want to try his hand in politics. After in her own right, a brave and coura- ation of S. Res. 640, submitted earlier his military service, he decided to try geous woman who overcame some ob- today. public service and of course became a stacles in her life that became very The PRESIDING OFFICER. The Senator from the State of Ohio. I had public. Her stuttering, and her ability clerk will report the resolution by the honor, and I am humbled, to be in to get over that disability, gave hope title. the seat he once held. to so many people. Young people par- The legislative clerk read as follows: A couple of weeks ago, I called Sen- ticularly all over the country continue A resolution (S. Res. 640) recognizing the ator Glenn to ask him to walk down to look to Annie Glenn as a great hero. death of John Glenn, former Senator for the this aisle with me on January 3 of next But Annie Glen was not just at his State of Ohio and the first individual from year in just a few weeks while I was side; they were partners in everything, the United States to orbit the Earth. being sworn in for the second time in and she was the indispensable partner. There being no objection, the Senate his seat. I will say he was not just re- Our condolences today from the en- proceeded to consider the resolution. elected, he was reelected with resound- tire U.S. Senate to Annie Glenn, to the Mr. PORTMAN. Mr. President, I ask ing numbers. At the end of the day, he Glenn family, whom he loved so dearly, unanimous consent that the resolution ended up being the longest serving U.S. and to our State of Ohio, which has be agreed to, the preamble be agreed Senator ever in the history of our lost a true icon, a true American hero. to, and the motions to reconsider be State. Tom Wolfe wrote a book called ‘‘The considered made and laid upon the After this amazing career in the mili- Right Stuff.’’ John Glenn was one of table with no intervening action or de- tary, as an astronaut, and then serving those Friendship astronauts who were bate. in the Senate, he ended up being the part of the right stuff. Today, as we ad- The PRESIDING OFFICER. Without longest representative ever from the journ, we pay tribute to John Glenn, objection, it is so ordered. Buckeye State. What an amazing guy. who had the right stuff and who showed

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00192 Fmt 4637 Sfmt 0634 E:\CR\FM\G09DE6.140 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7123 us how someone, as a public servant, Whereas His Majesty dedicated his life to The PRESIDING OFFICER. The can make a difference and encourage the well-being of the Thai people and the clerk will report the bill by title. others to do the same. sustainable development of Thailand; The senior assistant legislative clerk Whereas His Majesty led by example and read as follows: f virtue with the interest of the people at RECESS SUBJECT TO THE CALL OF heart, earning His Majesty the deep rev- A bill (H.R. 1150) to amend the Inter- national Religious Freedom Act of 1998 to THE CHAIR erence of the Thai people and the respect of people around the world; improve the ability of the United States to Mr. PORTMAN. Mr. President, I ask Whereas His Majesty reached out to the advance religious freedom globally through unanimous consent that the Senate poorest and most vulnerable people of Thai- enhanced diplomacy, training, counterter- stand in recess subject to the call of land, regardless of their status, ethnicity, or rorism, and foreign assistance efforts, and the Chair. religion, listened to their problems, and em- through stronger and more flexible political responses to religious freedom violations and There being no objection, the Senate, powered them to take their lives into their own hands; violent extremism worldwide, and for other at 3:43 a.m., recessed subject to the call Whereas in 2006, His Majesty received the purposes. of the Chair and reassembled at 6:22 first United Nations Human Development There being no objection, the Senate a.m. when called to order by the Pre- Award, recognizing him as the ‘‘Development proceeded to consider the bill, which siding Officer (Mr. TILLIS). King’’ for the extraordinary contribution of had been reported from the Committee The PRESIDING OFFICER. The Sen- His Majesty to human development; on Foreign Relations, with an amend- ator from Ohio. Whereas His Majesty was recognized internationally in the areas of intellectual prop- ment to strike all after the enacting f erty, innovation, and creativity, and in 2009, clause and insert in lieu thereof the HONORING IN PRAISE AND RE- the World Intellectual Property Organiza- following: MEMBRANCE THE EXTRAOR- tion presented His Majesty with the Global SECTION 1. SHORT TITLE AND TABLE OF CON- DINARY LIFE, STEADY LEADER- Leadership Award; TENTS. Whereas His Majesty was an anchor of (a) SHORT TITLE.—This Act may be cited as SHIP, AND REMARKABLE, 70– peace and stability for Thailand during the YEAR REIGN OF KING BHUMIBOL the ‘‘Frank R. Wolf International Religious turbulent decades of the Cold War; Freedom Act’’. ADULYADEJ OF THAILAND Whereas His Majesty was always a trusted (b) TABLE OF CONTENTS.—The table of con- Mr. PORTMAN. Mr. President, we friend of the United States in advancing a tents for this Act is as follows: strong and enduring alliance and partnership have our work cut out for us this morn- Sec. 1. Short title and table of contents. between the United States and Thailand; Sec. 2. Findings; policy; sense of Congress. ing. Whereas His Majesty addressed a joint ses- Sec. 3. Definitions. I start by asking unanimous consent sion of Congress on June 29, 1960, during that the Senate proceed to the consid- which His Majesty reaffirmed the strong TITLE I—DEPARTMENT OF STATE eration of Calendar No. 710, S. Con. friendship and goodwill between the United ACTIVITIES Res. 57. States and Thailand; Sec. 101. Office on International Religious The PRESIDING OFFICER. The Whereas the United States and Thailand Freedom; Ambassador at Large clerk will report the concurrent resolu- remain strong security allies, as memorial- for International Religious Free- tion by title. ized in the Southeast Asia Collective Defense dom. Sec. 102. Annual Report on International Reli- The senior assistant legislative clerk Treaty (commonly known as the ‘‘Manila Pact of 1954’’) and later expanded under the gious Freedom. read as follows: Thanat-Rusk Communique of 1962; Sec. 103. Training for Foreign Service officers; A concurrent resolution (S. Con. Res. 57) Whereas for decades, Thailand has hosted report. honoring in praise and remembrance the ex- the annual Cobra Gold military exercises, Sec. 104. Prisoner lists and issue briefs on reli- traordinary life, steady leadership, and re- the largest multilateral exercises in Asia, to gious freedom concerns. markable, 70-year reign of King Bhumibol improve regional defense cooperation; TITLE II—NATIONAL SECURITY COUNCIL Adulyadej of Thailand. Whereas Thailand has allowed the Armed Sec. 201. Special Adviser for International Reli- There being no objection, the Senate Forces of the United States to use the gious Freedom. Utapao Air Base to coordinate international proceeded to consider the concurrent TITLE III—PRESIDENTIAL ACTIONS resolution. humanitarian relief efforts; Whereas President George W. Bush des- Sec. 301. Non-state actor designations. Mr. PORTMAN. Mr. President, I ask ignated Thailand as a major non-NATO ally Sec. 302. Presidential actions in response to unanimous consent that the concur- on December 30, 2003; particularly severe violations of rent resolution be agreed to, the Hatch Whereas close cooperation and mutual sac- religious freedom. amendment to the preamble be agreed rifices in the face of common threats have Sec. 303. Report to Congress. to, the preamble, as amended, be bound the United States and Thailand to- Sec. 304. Presidential waiver. agreed to, and the motions to recon- gether and established a firm foundation for Sec. 305. Publication in the Federal Register. sider be considered made and laid upon the advancement of a mutually beneficial re- TITLE IV—PROMOTION OF RELIGIOUS the table with no intervening action or lationship; and FREEDOM Whereas, on October 13, 2016, at the age of debate. Sec. 401. Assistance for promoting religious 88, His Majesty King Bhumibol Adulyadej freedom. The PRESIDING OFFICER. Without passed away, leaving behind a lasting legacy TITLE V—DESIGNATED PERSONS LIST FOR objection, it is so ordered. for Thailand: Now, therefore, be it The concurrent resolution (S. Con. Resolved by the Senate (the House of Rep- PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM Res. 57) was agreed to. resentatives concurring), That Congress— The amendment (No. 5174) was agreed (1) honors the extraordinary life, steady Sec. 501. Designated Persons List for Particu- to, as follows: leadership, and remarkable, 70-year reign of larly Severe Violations of Reli- His Majesty King Bhumibol Adulyadej of gious Freedom. (Purpose: To make a correction) Thailand; TITLE VI—MISCELLANEOUS PROVISIONS In the 8th whereas clause, strike ‘‘2006’’ (2) extends our deepest sympathies to the Sec. 601. Miscellaneous provisions. and insert ‘‘2009’’. members of the Royal Family and to the Sec. 602. Clerical amendments. people of Thailand in their bereavement; and S. CON. RES. 57 (3) celebrates the alliance and friendship SEC. 2. FINDINGS; POLICY; SENSE OF CONGRESS. Whereas His Majesty King Bhumibol between Thailand and the United States that (a) FINDINGS.—Section 2(a) of the Inter- Adulyadej enjoyed a special relationship reflects common interests, a 183-year diplo- national Religious Freedom Act of 1998 (22 with the United States, having been born in matic history, and a multifaceted partner- U.S.C. 6401(a)) is amended— Cambridge, Massachusetts, in 1927 while his ship that has contributed to peace, stability, (1) in paragraph (3), by inserting ‘‘The free- father was completing his medical studies at and prosperity in the Asia-Pacific region. dom of thought, conscience, and religion is un- Harvard University; derstood to protect theistic and non-theistic be- Whereas King Bhumibol Adulyadej as- f liefs and the right not to profess or practice any cended to the throne on June 9, 1946, and FRANK R. WOLF INTERNATIONAL religion.’’ before ‘‘Governments’’; celebrated his 70th year as King of Thailand RELIGIOUS FREEDOM ACT (2) in paragraph (4), by adding at the end the in 2016; following: ‘‘A policy or practice of routinely de- Whereas at the time of his death, King Mr. PORTMAN. Mr. President, I ask nying applications for visas for religious work- Bhumibol Adulyadej was the longest-serving unanimous consent that the Senate ers in a country can be indicative of a poor state head of state in the world and the longest- proceed to the immediate consider- of religious freedom in that country.’’; and reigning monarch in the history of Thailand; ation of Calendar No. 705, H.R. 1150. (3) in paragraph (6)—

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00193 Fmt 4637 Sfmt 6333 E:\CR\FM\G09DE6.141 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7124 CONGRESSIONAL RECORD — SENATE December 9, 2016 (A) by inserting ‘‘and the specific targeting of TITLE I—DEPARTMENT OF STATE (1) in the matter preceding subparagraph (A), non-theists, humanists, and atheists because of ACTIVITIES by striking ‘‘September 1’’ and inserting ‘‘May their beliefs’’ after ‘‘religious persecution’’; and SEC. 101. OFFICE ON INTERNATIONAL RELIGIOUS 1’’; (B) by inserting ‘‘and in regions where non- FREEDOM; AMBASSADOR AT LARGE (2) in subparagraph (A)— state actors exercise significant political power FOR INTERNATIONAL RELIGIOUS (A) in clause (iii), by striking ‘‘; and’’ and in- and territorial control’’ before the period at the FREEDOM. serting ‘‘as well as the routine denial of visa ap- end. (a) IN GENERAL.—Section 101 of the Inter- plications for religious workers;’’; (B) by redesignating clause (iv) as clause (vii); (b) POLICY.—Section 2(b) of the International national Religious Freedom Act of 1998 (22 Religious Freedom Act of 1998 (22 U.S.C. 6401(b)) U.S.C. 6411) is amended— and (C) by inserting after clause (iii) the fol- is amended— (1) in subsection (b), by inserting ‘‘, and shall report directly to the Secretary of State’’ before lowing: (1) by redesignating paragraphs (1) through ‘‘(iv) particularly severe violations of religious (5) as subparagraphs (A) through (E); the period at the end; (2) in subsection (c)— freedom in that country if such country does (2) by striking the matter preceding subpara- (A) in paragraph (1)— not have a functioning government or the gov- graph (A), as redesignated, and inserting the (i) by striking ‘‘responsibility’’ and inserting ernment of such country does not control its ter- following: ‘‘responsibilities’’; ritory; ‘‘(1) IN GENERAL.—The following shall be the (ii) by striking ‘‘shall be to advance’’ and in- ‘‘(v) the identification of prisoners, to the ex- policy of the United States:’’; and serting the following: ‘‘shall be to— tent possible, in that country pursuant to sec- (3) by adding at the end the following: ‘‘(A) advance’’; tion 108(d); ‘‘(2) EVOLVING POLICIES AND COORDINATED (iii) in subparagraph (A), as redesignated, by ‘‘(vi) any action taken by the government of DIPLOMATIC RESPONSES.—Because the promotion striking the period at the end and inserting ‘‘; that country to censor religious content, commu- of international religious freedom protects and’’; and nications, or worship activities online, including human rights, advances democracy abroad, and (iv) by adding at the end the following: descriptions of the targeted religious group, the advances United States interests in stability, se- ‘‘(B) integrate United States international re- content, communication, or activities censored, curity, and development globally, the promotion ligious freedom policies and strategies into the and the means used; and’’; of international religious freedom requires new foreign policy efforts of the United States.’’; (3) in subparagraph (B), in the matter pre- and evolving policies and diplomatic responses (B) in paragraph (2), by inserting ‘‘the prin- ceding clause (i)— that— cipal adviser to’’ before ‘‘the Secretary of (A) by inserting ‘‘persecution of lawyers, poli- ‘‘(A) are drawn from the expertise of the na- State’’; ticians, or other human rights advocates seeking (C) in paragraph (3)— tional security agencies, the diplomatic services, to defend the rights of members of religious (i) in subparagraph (A), by striking ‘‘and’’ at and other governmental agencies and non- groups or highlight religious freedom violations, the end; governmental organizations; and prohibitions on ritual animal slaughter or male (ii) in subparagraph (B), by striking the pe- infant circumcision,’’ after ‘‘entire religions,’’; ‘‘(B) are coordinated across and carried out riod at the end and inserting ‘‘; and’’; and by the entire range of Federal agencies.’’. and (iii) by adding at the end the following: (B) by inserting ‘‘policies that ban or restrict (c) SENSE OF CONGRESS.—It is the sense of ‘‘(C) contacts with nongovernmental organi- the public manifestation of religious belief and Congress that— zations that have an impact on the state of reli- the peaceful involvement of religious groups or (1) a policy or practice by the government of gious freedom in their respective societies or re- their members in the political life of each such any foreign country of routinely denying visa gions, or internationally.’’; foreign country,’’ after ‘‘such groups,’’; applications for religious workers can be indic- (D) by redesignating paragraph (4) as para- (4) in subparagraph (C), by striking ‘‘A de- ative of a poor state of religious freedom in that graph (5); and scription of United States actions and’’ and in- country; and (E) by inserting after paragraph (3) the fol- serting ‘‘A detailed description of United States (2) the United States Government should seek lowing: actions, diplomatic and political coordination to reverse any such policy by reviewing the en- ‘‘(4) COORDINATION RESPONSIBILITIES.—In efforts, and other’’; and tirety of the bilateral relationship between such order to promote religious freedom as an interest (5) in subparagraph (F)(i)— country and the United States. of United States foreign policy, the Ambassador (A) by striking ‘‘section 402(b)(1)’’ and insert- SEC. 3. DEFINITIONS. at Large— ing ‘‘section 402(b)(1)(A)(ii)’’; and ‘‘(A) shall coordinate international religious Section 3 of the International Religious Free- (B) by adding at the end the following: ‘‘Any freedom policies across all programs, projects, dom Act of 1998 (22 U.S.C. 6402) is amended— country in which a non-state actor designated and activities of the United States; and as an entity of particular concern for religious (1) by redesignating paragraph (13) as para- ‘‘(B) should participate in any interagency graph (16); freedom under section 301 of the Frank R. Wolf processes on issues in which the promotion of International Religious Freedom Act is located (2) by redesignating paragraphs (10), (11), and international religious freedom policy can ad- shall be included in this section of the report.’’. (12) as paragraphs (12), (13), and (14), respec- vance United States national security interests, (b) SENSE OF CONGRESS.—It is the sense of tively; including in democracy promotion, stability, se- Congress that— (3) by inserting after paragraph (9) the fol- curity, and development globally.’’; and (1) the original intent of the International Re- lowing: (3) in subsection (d), by striking ‘‘staff for the ligious Freedom Act of 1998 (22 U.S.C. 6401 et ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— Office’’ and all that follows and inserting ‘‘ade- seq.) was to require annual reports from both The term ‘institution of higher education’ has quate staff for the Office, including full-time the Department of State and the Commission on the meaning given that term in section 101 of the equivalent positions and any other temporary International Religious Freedom to be delivered Higher Education Act of 1965 (20 U.S.C. 1001). staff positions needed to compile, edit, and man- each year, during the same calendar year, and ‘‘(11) NON-STATE ACTOR.—The term ‘non-state age the Annual Report under the direct super- with at least 5 months separating these reports, actor’ means a nonsovereign entity that— vision of the Ambassador at Large, and for the in order to provide updated information for pol- ‘‘(A) exercises significant political power and conduct of investigations by the Office and for icymakers, Members of Congress, and non- territorial control; necessary travel to carry out this Act. The Sec- governmental organizations; and ‘‘(B) is outside the control of a sovereign gov- retary of State should provide the Ambassador (2) given that the annual Country Reports on ernment; and at Large with sufficient funding to carry out Human Rights Practices no longer contain up- ‘‘(C) often employs violence in pursuit of its the duties described in this section, including, as dated information on religious freedom condi- objectives.’’; necessary, representation funds. On the date on tions globally, it is important that the Depart- (4) by inserting after paragraph (14), as redes- which the President’s annual budget request is ment of State coordinate with the Commission to ignated, the following: submitted to Congress, the Secretary shall sub- fulfill the original intent of the International ‘‘(15) SPECIAL WATCH LIST.—The term ‘Special mit an annual report to the appropriate con- Religious Freedom Act of 1998. Watch List’ means the Special Watch List de- gressional committees that includes a report on SEC. 103. TRAINING FOR FOREIGN SERVICE OFFI- scribed in section 402(b)(1)(A)(iii).’’; and staffing levels for the International Religious CERS; REPORT. (5) in paragraph (16), as redesignated— Freedom Office.’’. (a) AMENDMENT TO FOREIGN SERVICE ACT OF (b) SENSE OF CONGRESS.—It is the sense of (A) in subparagraph (A)— 1980.—Section 708 of the Foreign Service Act of Congress that— (i) by redesignating clauses (iv) and (v) as 1980 (22 U.S.C. 4028) is amended— (1) periodic severe understaffing in the past (1) by redesignating subsections (b) and (c) as clauses (v) and (vi), respectively; and has hindered the vital work of the International subsections (e) and (f), respectively; (ii) by inserting after clause (iii) the following: Religious Freedom Office; and (2) in subsection (a), by striking ‘‘The Sec- ‘‘(iv) not professing a particular religion, or (2) maintaining an adequate staffing level at retary of State’’ and inserting ‘‘HUMAN RIGHTS, any religion;’’; and the Office, such as was in place during fiscal RELIGIOUS FREEDOM, AND HUMAN TRAFFICKING (B) in subparagraph (B)— year 2016, is necessary for the Office to carry on TRAINING.—The Secretary of State’’; (i) by inserting ‘‘conscience, non-theistic its vital work. (3) by inserting after subsection (a) the fol- views, or’’ before ‘‘religious belief or practice’’; SEC. 102. ANNUAL REPORT ON INTERNATIONAL lowing: and RELIGIOUS FREEDOM. ‘‘(a) ADDITIONAL TRAINING.—Not later than (ii) by inserting ‘‘forcibly compelling non-be- (a) IN GENERAL.—Section 102(b)(1) of the the one year after the date of the enactment of lievers or non-theists to recant their beliefs or to International Religious Freedom Act of 1998 (22 the Frank R. Wolf International Religious Free- convert,’’ after ‘‘forced religious conversion,’’. U.S.C. 6412(b)(1)) is amended— dom Act, the Director of the George P. Shultz

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00194 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.119 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7125 National Foreign Affairs Training Center shall determines are imprisoned or detained, have dis- dential actions under the International Reli- begin mandatory training on religious freedom appeared, been placed under house arrest, been gious Freedom Act of 1998 (22 U.S.C. 6401 et for all Foreign Service officers, including all tortured, or subjected to forced renunciations of seq.), the President, with respect to each non- entry level officers, all officers prior to depar- faith for their religious activity or religious free- state actor designated as an entity of particular ture for posting outside the United States, and dom advocacy by the government of a foreign concern for religious freedom under subsection all outgoing deputy chiefs of mission and am- country that the Commission recommends for (a), shall seek to determine the specific officials bassadors. Such training shall be a separate, designation as a country of particular concern or members that are responsible for the particu- independent, and required segment of each of— for religious freedom under section larly severe violations of religious freedom en- ‘‘(1) the A–100 course attended by all Foreign 402(b)(1)(A)(ii) or by a non-state actor that the gaged in or tolerated by such non-state actor. Service officers; Commission recommends for designation as an (g) DEFINITIONS.—In this section, the terms ‘‘(2) the courses required of every Foreign entity of particular concern for religious free- ‘‘appropriate congressional committees’’, ‘‘non- Service officer prior to a posting outside the dom under section 301 of the Frank R. Wolf state actor’’, and ‘‘particularly severe violations United States, with segments tailored to the par- International Religious Freedom Act and in- of religious freedom’’ have the meanings given ticular religious demography, religious freedom clude as much publicly available information as such terms in section 3 of the International Reli- conditions, and United States strategies for ad- possible on the conditions and circumstances of gious Freedom Act of 1998 (22 U.S.C. 6402), as vancing religious freedom, in each receiving such persons. amended by section 3 of this Act. country; and ‘‘(2) DISCRETION.—In compiling lists under SEC. 302. PRESIDENTIAL ACTIONS IN RESPONSE ‘‘(3) the courses required of all outgoing dep- paragraph (1), the Commission shall exercise all TO PARTICULARLY SEVERE VIOLA- uty chiefs of mission and ambassadors. appropriate discretion, including consideration TIONS OF RELIGIOUS FREEDOM. ‘‘(b) DEVELOPMENT OF CURRICULUM.—In de- of the safety and security of, and benefit to, the Section 402 of the International Religious veloping curriculum for the training under sub- persons who may be included on the lists and Freedom Act of 1998 (22 U.S.C. 6442) is amend- section (b)(2), the Ambassador at Large for the families of such persons.’’. ed— International Religious Freedom, on behalf of TITLE II—NATIONAL SECURITY COUNCIL (1) in subsection (b)— the Secretary of State and in consultation with (A) in paragraph (1)— the United States Commission on International SEC. 201. SPECIAL ADVISER FOR INTERNATIONAL (i) by amending subparagraph (A) to read as RELIGIOUS FREEDOM. Religious Freedom established under section follows: The position described in section 101(k) of the 201(a) of the International Religious Freedom ‘‘(A) IN GENERAL.—Not later than 90 days National Security Act of 1947 (50 U.S.C. 2031(k) Act of 1998, shall develop a curriculum for train- after the date on which each Annual Report is should assist the Ambassador at Large for Inter- ing United States Foreign Service officers in the submitted under section 102(b), the President national Religious Freedom to coordinate inter- scope and strategic value of international reli- shall— national religious freedom policies and strate- gious freedom, how violations of international ‘‘(i) review the status of religious freedom in gies throughout the executive branch and with- religious freedom harm fundamental United each foreign country to determine whether the in any interagency policy committee of which States interests, how the advancement of inter- government of that country has engaged in or the Ambassador at Large is a member. national religious freedom can advance such in- tolerated particularly severe violations of reli- terests, how United States international reli- TITLE III—PRESIDENTIAL ACTIONS gious freedom in each such country during the gious freedom policy should be carried out in SEC. 301. NON-STATE ACTOR DESIGNATIONS. preceding 12 months or longer; practice by United States diplomats and other (a) IN GENERAL.—The President, concurrent ‘‘(ii) designate each country the government Foreign Service officers, and the relevance and with the annual foreign country review required of which has engaged in or tolerated violations relationship of international religious freedom under section 402(b)(1)(A) of the International described in clause (i) as a country of particular to United States defense, diplomacy, develop- Religious Freedom Act of 1998 (22 U.S.C. concern for religious freedom; and ment, and public affairs efforts. The Secretary 6442(b)(1)(A)), shall— ‘‘(iii) designate each country that engaged in of State shall ensure the availability of suffi- (1) review and identify any non-state actors or tolerated severe violations of religious free- cient resources to develop and implement such operating in any such reviewed country or sur- dom during the previous year, but does not curriculum. rounding region that have engaged in particu- meet, in the opinion of the President at the time ‘‘(c) INFORMATION SHARING.—The curriculum larly severe violations of religious freedom; and of publication of the Annual Report, all of the and training materials developed pursuant to (2) designate, in a manner consistent with criteria described in section 3(15) for designation subsections (b) and (c) should be made available such Act, each such non-state actor as an entity under clause (ii) as being placed on a ‘Special to all other Federal agencies.’’; of particular concern for religious freedom. Watch List’.’’; and (4) in subsection (e), as redesignated, by strik- (b) REPORT.—Whenever the President des- (ii) in subparagraph (C), by striking ‘‘prior to ing ‘‘The Secretary of State’’ and inserting ignates a non-state actor under subsection (a) September 1 of the respective year’’ and insert- ‘‘REFUGEES.—The Secretary of State’’; and as an entity of particular concern for religious ing ‘‘before the date on which each Annual Re- (5) in subsection (f), as redesignated, by strik- freedom, the President, as soon as practicable port is submitted under section 102(b)’’; ing ‘‘The Secretary of State’’ and inserting after the designation is made, shall submit a re- (B) by amending paragraph (3) to read as fol- ‘‘CHILD SOLDIERS.—The Secretary of State’’. port to the appropriate congressional committees lows: (b) REPORT.—Not later than 180 days after the that describes the reasons for such designation. ‘‘(3) CONGRESSIONAL NOTIFICATION.— date of the enactment of this Act, the Secretary (c) ACTIONS.—The President should take spe- ‘‘(A) IN GENERAL.—Whenever the President of State, with the assistance of the Ambassador cific actions, when practicable, to address severe designates a country as a country of particular at Large for International Religious Freedom, violations of religious freedom of non-state ac- concern for religious freedom under paragraph and the Director of the Foreign Service Insti- tors that are designated under subsection (a)(2). (1)(A)(ii), the President, not later than 90 days tute, located at the George P. Shultz National (d) DEPARTMENT OF STATE ANNUAL REPORT.— after such designation, shall submit to the ap- Foreign Affairs Training Center, shall submit a The Secretary of State should include informa- propriate congressional committees— report to the Committee on Foreign Affairs of tion detailing the reasons the President des- ‘‘(i) the designation of the country, signed by the House of Representatives and the Committee ignated a non-state actor as an entity of par- the President; on Foreign Relations of the Senate that con- ticular concern for religious freedom under sub- ‘‘(ii) the identification, if any, of responsible tains a comprehensive plan for undertaking section (a) in the Annual Report required under parties determined under paragraph (2); and training for Foreign Service officers under sec- section 102(b)(1) of the International Religious ‘‘(iii) a description of the actions taken under tion 708 of the Foreign Services Act of 1980, as Freedom Act of 1998 (22 U.S.C. 6412(b)(1)). subsection (c), the purposes of the actions amended by subsection (a). (e) SENSE OF CONGRESS.—It is the sense of taken, and the effectiveness of the actions SEC. 104. PRISONER LISTS AND ISSUE BRIEFS ON Congress that— taken. RELIGIOUS FREEDOM CONCERNS. (1) the Secretary of State should work with ‘‘(B) REMOVAL OF DESIGNATION.—A country Section 108 of the International Religious Congress and the U.S. Commission on Inter- that is designated as a country of particular Freedom Act of 1998 (22 U.S.C. 6417) is amend- national Religious Freedom— concern for religious freedom under paragraph ed— (A) to create new political, financial, and dip- (1)(A)(ii) shall retain such designation until the (1) in subsection (b), by striking ‘‘faith,’’ and lomatic tools to address severe violations of reli- President determines and reports to the appro- inserting ‘‘activities, religious freedom advo- gious freedom by non-state actors; and priate congressional committees that the country cacy, or efforts to protect and advance the uni- (B) to update the actions the President can should no longer be so designated.’’; and versally recognized right to the freedom of reli- take under section 405 of the International Reli- (C) by adding at the end the following: gion,’’; gious Freedom Act of 1998 (22 U.S.C. 6445); ‘‘(4) EFFECT ON DESIGNATION AS COUNTRY OF (2) in subsection (c), by striking ‘‘, as appro- (2) governments must ultimately be held ac- PARTICULAR CONCERN.—The presence or absence priate, provide’’ and insert ‘‘make available’’; countable for the abuses that occur in their ter- of a country from the Special Watch List in any and ritories; and given year shall not preclude the designation of (3) by adding at the end the following: (3) any actions the President takes after desig- such country as a country of particular concern ‘‘(d) VICTIMS LIST MAINTAINED BY THE UNITED nating a non-state actor as an entity of par- for religious freedom under paragraph (1)(A)(ii) STATES COMMISSION ON INTERNATIONAL RELI- ticular concern should also involve high-level in any such year.’’; and GIOUS FREEDOM.— diplomacy with the government of the country (2) in subsection (c)(5), by striking ‘‘the Presi- ‘‘(1) IN GENERAL.—The Commission shall make in which the non-state actor is operating. dent must designate the specific sanction or publicly available, to the extent possible, online (f) DETERMINATIONS OF RESPONSIBLE PAR- sanctions which he determines satisfy the re- and in official publications, lists of persons it TIES.—In order to appropriately target Presi- quirements of this subsection.’’ and inserting

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00195 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.119 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7126 CONGRESSIONAL RECORD — SENATE December 9, 2016 ‘‘the President shall designate the specific sanc- TITLE IV—PROMOTION OF RELIGIOUS ‘‘SEC. 605. DESIGNATED PERSONS LIST FOR PAR- tion or sanctions that the President determines FREEDOM TICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. satisfy the requirements under this subsection SEC. 401. ASSISTANCE FOR PROMOTING RELI- ‘‘(a) LIST.— and include a description of the impact of such GIOUS FREEDOM. ‘‘(1) IN GENERAL.—The Secretary of State, in sanction or sanctions on each country.’’. (a) AVAILABILITY OF ASSISTANCE.—It is the coordination with the Ambassador at Large and sense of Congress that for each fiscal year that SEC. 303. REPORT TO CONGRESS. in consultation with relevant government and begins on or after the date of the enactment of Section 404(a)(4)(A) of the International Reli- nongovernment experts, shall establish and this Act, the Secretary of State should make gious Freedom Act of 1998 (22 U.S.C. maintain a list of foreign individuals to whom a available, from amounts available— 6444(a)(4)(A)) is amended— consular post has denied a visa on the grounds (1) sufficient funds for the vigorous promotion (1) in clause (ii), by striking ‘‘and’’ at the end; of particularly severe violations of religious free- of international religious freedom and for (2) in clause (iii), by striking the period at the dom under section 212(a)(2)(G) of the Immigra- projects to advance United States interests in end and inserting ‘‘; and’’; and tion and Nationality Act (8 U.S.C. the protection and advancement of inter- 1182(a)(2)(G)), or who are subject to financial (3) by adding at the end the following: national religious freedom, in particular, sanctions or other measures for particularly se- ‘‘(iv) the impact on the advancement of through grants to groups that— vere violations of freedom religion. United States interests in democracy, human (A) are capable of developing legal protections ‘‘(2) REFERENCE.—The list required under rights, and security, and a description of policy or promoting cultural and societal under- paragraph (1) shall be known as the ‘Des- tools being applied in the country, including standing of international norms of religious ignated Persons List for Particularly Severe programs that target democratic stability, eco- freedom; Violations of Religious Freedom’. nomic growth, and counterterrorism.’’. (B) seek to address and mitigate religiously ‘‘(b) REPORT.— motivated and sectarian violence and combat SEC. 304. PRESIDENTIAL WAIVER. ‘‘(1) IN GENERAL.—The Secretary of State shall Section 407 of the International Religious violent extremism; or submit a report to the appropriate congressional Freedom Act of 1998 (22 U.S.C. 6447) is amend- (C) seek to strengthen investigations, report- committees that contains the list required under ed— ing, and monitoring of religious freedom viola- subsection (a), including, with respect to each (1) in subsection (a)— tions, including genocide perpetrated against re- foreign individual on the list— ligious minorities; and (A) by striking ‘‘subsection (b)’’ and inserting ‘‘(A) the name of the individual and a descrip- (2) sufficient funds for the establishment of an ‘‘subsection (c)’’; tion of the particularly severe violation of reli- effective Religious Freedom Defense Fund, to be (B) by inserting ‘‘, for a single, 180-day pe- gious freedom committed by the individual; administered by the Ambassador at Large for ‘‘(B) the name of the country or other location riod,’’ after ‘‘may waive’’; International Religious Freedom, to provide (C) by striking paragraph (1); and in which such violation took place; and grants for— ‘‘(C) a description of the actions taken pursu- (D) by redesignating paragraphs (2) and (3) as (A) victims of religious freedom abuses and ant to this Act or any other Act or Executive paragraphs (1) and (2), respectively; their families to cover legal and other expenses order in response to such violation. (2) by redesignating subsection (b) as sub- that may arise from detention, imprisonment, ‘‘(2) SUBMISSION AND UPDATES.—The Secretary section (c); torture, fines, and other restrictions; and of State shall submit to the appropriate congres- (3) by inserting after subsection (a) the fol- (B) projects to help create and support train- sional committees— lowing: ing of a new generation of defenders of religious ‘‘(A) the initial report required under para- ‘‘(b) ADDITIONAL AUTHORITY.—Subject to sub- freedom, including legal and political advocates, graph (1) not later than 180 days after the date section (c), the President may waive, for any and civil society projects which seek to create of the enactment of the Frank R. Wolf Inter- additional specified period of time after the 180- advocacy networks, strengthen legal representa- national Religious Freedom Act; and day period described in subsection (a), the ap- tion, train and educate new religious freedom ‘‘(B) updates to the report every 180 days plication of any of the actions described in defenders, and build the capacity of religious thereafter and as new information becomes paragraphs (9) through (15) of section 405(a) (or communities and rights defenders to protect available. a commensurate substitute action) with respect against religious freedom violations, mitigate so- ‘‘(3) FORM.—The report required under para- to a country, if the President determines and re- cietal or sectarian violence, or minimize legal or graph (1) should be submitted in unclassified ports to the appropriate congressional commit- other restrictions of the right to freedom of reli- form but may contain a classified annex. tees that— gion. ‘‘(4) DEFINITION.—In this subsection, the term ‘‘(1) the respective foreign government has (b) PREFERENCE.—It is the sense of Congress ‘appropriate congressional committees’ means— ceased the violations giving rise to the Presi- that, in providing grants under subsection (a), ‘‘(A) the Committee on Foreign Relations of dential action; or the Ambassador at Large for International Reli- the Senate; ‘‘(2) the important national interest of the gious Freedom should, as appropriate, give pref- ‘‘(B) the Committee on Banking, Housing, and United States requires the exercise of such waiv- erence to projects targeting religious freedom Urban Affairs of the Senate; er authority.’’; violations in countries— ‘‘(C) the Committee on Foreign Affairs of the (1) designated as countries of particular con- (4) in subsection (c), as redesignated, by in- House of Representatives; and cern for religious freedom under section 402(b)(1) ‘‘(D) the Committee on Financial Services of serting ‘‘or (b)’’ after ‘‘subsection (a)’’; and of the International Religious Freedom Act of the House of Representatives.’’. (5) by adding at the end the following: 1998 (22 U.S.C. 6442(b)(1)); or TITLE VI—MISCELLANEOUS PROVISIONS ‘‘(d) SENSE OF CONGRESS.—It is the sense of (2) included on the Special Watch List de- Congress that— scribed in section 402(b)(1)(A)(iii) of the Inter- SEC. 601. MISCELLANEOUS PROVISIONS. ‘‘(1) ongoing and persistent waivers of the ap- national Religious Freedom Act of 1998, as Title VII of the International Religious Free- plication of any of the actions described in added by section 302(1)(A)(i) of this Act. dom Act of 1998 (22 U.S.C. 6481 et seq.) is paragraphs (9) through (15) of section 405(a) (or (c) ADMINISTRATION AND CONSULTATIONS.— amended by adding at the end the following: commensurate substitute action) with respect to (1) ADMINISTRATION.—Amounts made avail- ‘‘SEC. 702. VOLUNTARY CODES OF CONDUCT FOR a country do not fulfill the purposes of this Act; able under subsection (a) shall be administered UNITED STATES INSTITUTIONS OF and by the Ambassador at Large for International HIGHER EDUCATION OUTSIDE THE UNITED STATES. ‘‘(2) because the promotion of religious free- Religious Freedom. ‘‘(a) FINDING.—Congress recognizes the endur- dom is a compelling interest of United States (2) CONSULTATIONS.—In developing priorities ing importance of United States institutions of foreign policy, the President, the Secretary of and policies for providing grants authorized higher education worldwide— State, and other executive branch officials, in under subsection (a), including programming ‘‘(1) for their potential for shaping positive consultation with Congress, should seek to find and policy , the Ambassador at Large for Inter- leadership and new educational models in host ways to address existing violations, on a case- national Religious Freedom should consult with countries; and by-case basis, through the actions described in other Federal agencies, including the United ‘‘(2) for their emphasis on teaching univer- section 405 or other commensurate substitute ac- States Commission on International Religious sally recognized rights of free inquiry and aca- tion.’’. Freedom and, as appropriate, nongovernmental demic freedom. SEC. 305. PUBLICATION IN THE FEDERAL REG- organizations. ‘‘(b) SENSE OF CONGRESS.—It is the sense of ISTER. TITLE V—DESIGNATED PERSONS LIST Congress that United States institutions of high- Section 408(a)(1) of the International Reli- FOR PARTICULARLY SEVERE VIOLA- er education operating campuses outside the gious Freedom Act of 1998 (22 U.S.C. 6448(a)(1)) TIONS OF RELIGIOUS FREEDOM United States or establishing any educational is amended by adding at the end the following: SEC. 501. DESIGNATED PERSONS LIST FOR PAR- entities with foreign governments, particularly ‘‘Any designation of a non-state actor as an en- TICULARLY SEVERE VIOLATIONS OF with or in countries the governments of which tity of particular concern for religious freedom RELIGIOUS FREEDOM. engage in or tolerate severe violations of reli- under section 301 of the Frank R. Wolf Inter- Title VI of the International Religious Free- gious freedom as identified in the Annual Re- national Religious Freedom Act and, if applica- dom Act of 1998 (22 U.S.C. 6471 et seq.) is port, should seek to adopt a voluntary code of ble and to the extent practicable, the identities amended— conduct for operating in such countries that of individuals determined to be responsible for (1) by redesignating section 605 as section 606; should— violations described in subsection (f) of such sec- and ‘‘(1) uphold the right of freedom of religion of tion.’’. (2) by inserting after section 604 the following: their employees and students, including the

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00196 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.119 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7127 right to manifest that religion peacefully as pro- The amendment (No. 5176) was agreed ‘‘(ii) religious traditions; tected in international law; to, as follows: ‘‘(iii) religious engagement strategies; ‘‘(2) ensure that the religious views and peace- (Purpose: To clarify religious freedom train- ‘‘(iv) religious and cultural issues; and ful practice of religion in no way affect, or be ing requirements for Foreign Service offi- ‘‘(v) efforts to counter violent religious ex- allowed to affect, the status of a worker’s or cers) tremism.’’; faculty member’s employment or a student’s en- (2) in subsection (b), by striking ‘‘The Sec- Beginning on page 13, strike line 12 and all rollment; and retary of State’’ and inserting ‘‘REFUGEES.— that follows through page 16, line 20, and in- ‘‘(3) make every effort in all negotiations, con- The Secretary of State’’; and sert the following: tracts, or memoranda of understanding engaged (a) AMENDMENTS TO FOREIGN SERVICE ACT (3) in subsection (c), by striking ‘‘The Sec- in or constructed with a foreign government to OF 1980.—Section 708 of the Foreign Service retary of State’’ and inserting ‘‘CHILD SOL- protect academic freedom and the rights en- Act of 1980 (22 U.S.C. 4028) is amended— DIERS.—The Secretary of State’’. shrined in the United Nations Declaration of (1) in subsection (a)— The amendment (No. 5175) in the na- Human Rights. (A) by redesignating paragraphs (1), (2), ture of a substitute, as amended, was ‘‘SEC. 703. SENSE OF CONGRESS REGARDING NA- and (3) as subparagraphs (A), (B), and (C), re- agreed to. TIONAL SECURITY STRATEGY TO spectively; The amendment was ordered to be PROMOTE RELIGIOUS FREEDOM (B) by striking ‘‘(a) The Secretary of THROUGH UNITED STATES FOREIGN engrossed, and the bill to be read a POLICY. State’’ and inserting the following: third time. ‘‘It is the sense of Congress that the annual ‘‘(a) HUMAN RIGHTS, RELIGIOUS FREEDOM, The bill was read the third time. AND HUMAN TRAFFICKING TRAINING.— national security strategy report of the Presi- The bill (H.R. 1150), as amended, was ‘‘(1) IN GENERAL.—The Secretary of State’’; dent required under section 108 of the National and passed. Security Act of 1947 (50 U.S.C. 3043)— (C) by adding at the end the following: f ‘‘(1) should promote international religious ‘‘(2) RELIGIOUS FREEDOM TRAINING.— freedom as a foreign policy and national secu- ENCOURAGING REUNIONS OF DI- ‘‘(A) IN GENERAL.—In carrying out the rity priority; and VIDED KOREAN AMERICAN FAMI- ‘‘(2) should articulate that promotion of the training required under paragraph (1)(B), the Director of the George P. Shultz National LIES right to freedom of religion is a strategy that— ‘‘(A) protects other, related human rights, and Foreign Affairs Training Center shall, not Mr. PORTMAN. Mr. President, I ask advances democracy outside the United States; later than the one year after the date of the unanimous consent that the Senate and enactment of the Frank R. Wolf Inter- proceed to the immediate consider- national Religious Freedom Act, conduct ‘‘(B) makes clear its importance to United ation of Calendar No. 711, H. Con. Res. States foreign policy goals of stability, security, training on religious freedom for all Foreign Service officers, including all entry level of- 40. development, and diplomacy; The PRESIDING OFFICER. The ‘‘(3) should be a guide for the strategies and ficers, all officers prior to departure for post- activities of relevant Federal agencies; and ing outside the United States, and all out- clerk will report the concurrent resolu- ‘‘(4) should inform the Department of Defense going deputy chiefs of mission and ambas- tion by title. quadrennial defense review under section 118 of sadors. Such training shall be included in— The senior assistant legislative clerk title 10, United States Code, and the Department ‘‘(i) the A–100 course attended by all For- read as follows: of State Quadrennial Diplomacy and Develop- eign Service officers; A concurrent resolution (H. Con. Res. 40) ‘‘(ii) the courses required of every Foreign ment Review.’’. encouraging reunions of divided Korean Service officer prior to a posting outside the American families. SEC. 602. CLERICAL AMENDMENTS. United States, with segments tailored to the The table of contents of the International Re- particular religious demography, religious There being no objection, the Senate ligious Freedom Act of 1998 (22 U.S.C. 6401 note) freedom conditions, and United States strat- proceeded to consider the concurrent is amended— egies for advancing religious freedom, in resolution. (1) by striking the item relating to section 605 each receiving country; and Mr. PORTMAN. Mr. President, I ask and inserting the following: ‘‘(iii) the courses required of all outgoing unanimous consent that the concur- ‘‘Sec. 606. Studies on the effect of expedited re- deputy chiefs of mission and ambassadors. rent resolution be agreed to, the pre- moval provisions on asylum ‘‘(B) DEVELOPMENT OF CURRICULUM.—In car- amble be agreed to, and the motions to claims.’’; rying out the training required under paragraph (1)(B), the Ambassador at Large for reconsider be considered made and laid (2) by inserting after the item relating to sec- upon the table with no intervening action 604 the following: International Religious Freedom, in coordination with the Director of the George P. tion or debate. ‘‘Sec. 605. Designated Persons List for Particu- Shultz National Foreign Affairs Training The PRESIDING OFFICER. Without larly Severe Violations of Reli- Center and other Federal officials, as appro- objection, it is so ordered. gious Freedom.’’; priate, and in consultation with the United The concurrent resolution (H. Con. and States Commission on International Reli- Res. 40) was agreed to. (3) by adding at the end the following: gious Freedom established under section The preamble was agreed to. ‘‘Sec. 702. Voluntary codes of conduct for 201(a) of the International Religious Free- f United States institutions of high- dom Act of 1998 (22 U.S.C. 6431(a)), shall er education operating outside the make recommendations to the Secretary of UNITED STATES-CARIBBEAN STRA- United States. State regarding a curriculum for the train- TEGIC ENGAGEMENT ACT OF 2016 ‘‘Sec. 703. Sense of Congress regarding national ing of United States Foreign Service officers security strategy to promote reli- under paragraph (1)(B) on the scope and stra- Mr. PORTMAN. Mr. President, I ask gious freedom through United tegic value of international religious free- unanimous consent that the Senate States foreign policy.’’. dom, how violations of international reli- proceed to the immediate consider- Mr. PORTMAN. Mr. President, I ask gious freedom harm fundamental United ation of Calendar No. 713, H.R. 4939. States interests, how the advancement of The PRESIDING OFFICER. The unanimous consent that the com- international religious freedom can advance mittee-reported amendment be with- clerk will report the bill by title. such interests, how United States inter- The senior assistant legislative clerk drawn, the Corker substitute amend- national religious freedom policy should be read as follows: ment at the desk be considered, the carried out in practice by United States dip- Corker amendment at the desk be lomats and other Foreign Service officers, A bill (H.R. 4939) to increase engagement and the relevance and relationship of inter- with the governments of the Caribbean re- agreed to, the substitute amendment, gion, the Caribbean diaspora community in as amended, be agreed to; that the bill, national religious freedom to United States defense, diplomacy, development, and public the United States, and the private sector and as amended, be read a third time and affairs efforts. The Secretary of State should civil society in both the United States and passed; and the motion to reconsider be ensure the availability of sufficient re- the Caribbean, and for other purposes. considered made and laid upon the sources to develop and implement such cur- There being no objection, the Senate table. riculum. proceeded to consider the bill, which The PRESIDING OFFICER. Without ‘‘(C) INFORMATION SHARING.—The cur- had been reported from the Committee objection, it is so ordered. riculum and training materials developed on Foreign Relations, with an amend- under this paragraph shall be shared with The committee-reported amendment ment to strike all after the enacting in the nature of a substitute was with- the United States Armed Forces and other Federal departments and agencies with per- clause and insert in lieu thereof the drawn. sonnel who are stationed overseas, as appro- following: (Amendment No. 5175 is printed in to- priate, to provide training on— SECTION 1. SHORT TITLE. day’s RECORD under ‘‘Text of Amend- ‘‘(i) United States religious freedom poli- This Act may be cited as the ‘‘United States– ments.’’) cies; Caribbean Strategic Engagement Act of 2016’’.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00197 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.119 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7128 CONGRESSIONAL RECORD — SENATE December 9, 2016 SEC. 2. STATEMENT OF POLICY. dent shall submit to the appropriate congres- The concurrent resolution (H. Con. Congress declares that it is the policy of the sional committees a report on progress made to- Res. 181) was agreed to. United States to increase engagement with the ward implementing the strategy. governments of the Caribbean region and with SEC. 6. REPORTING COST OFFSET. f civil society, including the private sector, in Section 601(c)(4) of the Foreign Service Act of HOUSE BILLS both the United States and the Caribbean, in a 1980 (22 U.S.C. 4001(c)(4)) is amended by striking concerted effort to— ‘‘the following:’’ and all that follows through Mr. PORTMAN. Mr. President, I ask (1) enhance diplomatic relations between the ‘‘(B) A workforce plan’’ and inserting ‘‘a work- unanimous consent that the Senate United States and the Caribbean region; force plan’’. proceed to the immediate consider- (2) increase economic cooperation between the SEC. 7. DEFINITIONS. ation of the following bills received United States and the Caribbean region; In this Act: from the House en bloc: H.R. 4352, H.R. (3) support regional economic, political, and (1) APPROPRIATE CONGRESSIONAL COMMIT- security integration efforts in the Caribbean re- 5099, H.R. 5790, H.R. 6130, H.R. 6323, H.R. TEES.—The term ‘‘appropriate congressional 6400, H.R. 6431, H.R. 6450, H.R. 6451, H.R. gion; committees’’ means the Committee on Foreign (4) encourage enduring economic development Affairs of the House of Representatives and the 6452, and H.R. 6477. and increased regional economic diversification Committee on Foreign Relations of the Senate. There being no objection, the Senate and global competitiveness; (2) CARIBBEAN REGION.—The term ‘‘Caribbean proceeded to consider the bills en bloc. (5) reduce levels of crime and violence, curb region’’ means the Caribbean Basin Security Mr. PORTMAN. Mr. President, I ask the trafficking of illicit drugs, strengthen the Initiative beneficiary countries. unanimous consent that the bills be rule of law, and improve citizen security; (3) SECURITY ASSISTANCE.—The term ‘‘security considered read a third time. (6) improve energy security by increasing ac- assistance’’ has the meaning given such term in cess to diverse, reliable, and affordable power; section 502B(d)(2) of the Foreign Assistance Act The PRESIDING OFFICER. Without (7) advance cooperation on democracy and of 1961 (22 U.S.C. 2304(d)(2)). objection, it is so ordered. human rights at multilateral fora; Mr. PORTMAN. Mr. President, I fur- f (8) continue support for public health advances and cooperation on health concerns and ther ask unanimous consent that the FOSTER CARE FOR VETERANS ACT threats to the Caribbean region; and Corker amendment be agreed to, the (9) expand Internet access throughout the re- committee-reported substitute amend- The bill (H.R. 4352) to direct the Sec- gion, especially to countries lacking the appro- ment, as amended, be agreed to; the retary of Veterans Affairs to carry out priate infrastructure. bill, as amended, be read a third time a pilot program establishing a patient SEC. 3. STRATEGY. and passed; and the motions to recon- self-scheduling appointment system, Not later than 180 days after the date of the sider be considered made and laid upon and for other purposes, was ordered to enactment of this Act, the Secretary of State, in the table with no intervening action or a third reading and was read the third coordination with the Administrator of the debate. time. United States Agency for International Develop- The PRESIDING OFFICER. Without ment (USAID), shall submit to the appropriate f objection, it is so ordered. congressional committees a multi-year strategy COMMUNITIES HELPING INVEST for United States engagement to support the ef- The amendment (No. 5177) was agreed to, as follows: THROUGH PROPERTY AND IM- forts of interested nations in the Caribbean re- PROVEMENTS NEEDED FOR VET- gion that— (Purpose: To revise the multi-year strategy (1) identifies Department of State and USAID requirement regarding diplomatic engage- ERANS ACT OF 2016 priorities, in coordination with other executive ment with Caribbean region governments) The bill (H.R. 5099) to establish a branch agencies, for United States policy to- On page 11, beginning on line 3, strike pilot program on partnership agree- wards the Caribbean region; ‘‘with respect to’’ and all that follows ments to construct new facilities of the (2) outlines an approach to partner with gov- through line 5 and insert ‘‘with respect to ernments of the Caribbean region to improve cit- Department of Veterans Affairs, was human rights and democracy’’. ordered to a third reading and was read izen security, reduce the trafficking of illicit The committee-reported amendment drugs, strengthen the rule of law, and improve the third time. in the nature of a substitute, as amend- the effectiveness and longevity of the Caribbean f Basin Security Initiative; ed, was agreed to. (3) establishes a comprehensive, integrated, The bill (H.R. 4939), as amended, was FEDERAL BUREAU OF INVESTIGA- multi-year strategy to encourage efforts of the ordered to a third reading, was read the TION WHISTLEBLOWER PROTEC- Caribbean region to implement regional and na- third time, and passed. TION ENHANCEMENT ACT OF 2016 tional strategies that improve energy security, f by increasing access to all available sources of The bill (H.R. 5790) to provide ade- energy, including by taking advantage of the DIRECTING THE SECRETARY OF quate protections for whistleblowers at indigenous energy sources of the Caribbean and THE SENATE TO MAKE A CER- the Federal Bureau of Investigation, the ongoing energy revolution in the United TAIN CORRECTION IN THE EN- was ordered to a third reading and was States; ROLLMENT OF S. 1635 read the third time. (4) outlines an approach to improve diplo- Mr. GRASSLEY. Mr. President, for a matic engagement with the governments of the Mr. PORTMAN. Mr. President, I ask long time, my friend Senator LEAHY Caribbean region, including with respect to key unanimous consent that the Senate votes on human rights and democracy at the proceed to the immediate consider- and I have worked hard to improve pro- United Nations and the Organization of Amer- ation of H. Con. Res. 181, which was re- tections for FBI employees who report ican States; ceived from the House. waste, fraud, and abuse. (5) Describes how the United States can de- The PRESIDING OFFICER. The In March 2015, we held a hearing in velop an approach to supporting Caribbean clerk will report the concurrent resolu- the Judiciary Committee examining countries in efforts they are willing to under- tion by title. the FBI whistleblower program. That take with their own resources to diversify their hearing addressed Department of Jus- economies; The senior assistant legislative clerk (6) describes ways to ensure the active partici- read as follows: tice and Government Accountability pation of citizens of the Caribbean in existing A concurrent resolution (H. Con. Res. 181) Office reviews of the program. Both of program and initiatives administered by the De- directing the Secretary of the Senate to those reviews found significant prob- partment of State’s Bureau of Educational and make a certain correction in the enrollment lems. The biggest problem is a long- Cultural Affairs; and of S. 1635. standing loophole the Department cre- (7) reflects the input of other executive branch There being no objection, the Senate ated in its interpretation of the statu- agencies, as appropriate. proceeded to consider the concurrent tory protections for FBI whistle- SEC. 4. BRIEFINGS. resolution. blowers. The Department’s rules only The Secretary of State shall offer to the ap- Mr. PORTMAN. Mr. President, I ask protect FBI employees who experience propriate congressional committees annual brief- unanimous consent that the concur- reprisal after they report wrongdoing ings that review Department of State efforts to implement the strategy for United States en- rent resolution be agreed to and the to a handful of offices or individuals. gagement with the Caribbean region in accord- motion to reconsider be considered But those rules do not recognize that ance with section 3. made and laid upon the table with no almost all whistleblowers first report SEC. 5. PROGRESS REPORT. intervening action or debate. wrongdoing to their immediate super- Not later than 2 years after the submission of The PRESIDING OFFICER. Without visor. Then they go up the chain of the strategy required under section 3, the Presi- objection, it is so ordered. command. It is just human nature

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00198 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.120 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7129 that, when you spot a problem at work, Moreover, there are many other fed- ployees not to file classified informa- you tell your boss. eral law enforcement agencies that tion as part of the whistleblower pro- FBI policy even encourages employ- function under the same whistleblower gram; and there has never been an FBI ees to report through their chain of protections as non-law enforcement case that required the consideration of command. Yet under the current rules, agencies. There is no logical reason for classified information. those same employees have no remedy the FBI to have unique, separate, and The FBI even initially objected to if they suffer reprisal for disclosing inadequate standards for protecting the provision recommended by GAO waste, fraud, or abuse to their boss. Ac- whistleblower disclosures. that would protect disclosures to su- cording to the Government Account- So I and Senator LEAHY drafted the pervisors. The FBI claimed that their ability Office, in 5 years, roughly one- FBI Whistleblower Protection En- employees’ work was too sensitive. But third of FBI reprisal complaints were hancement Act. The bill amends the that claim holds no water because em- dismissed because the employee made FBI whistleblower statute to clarify, ployees in the intelligence community the report to the ‘‘wrong person’’ in once and for all, that FBI whistle- are protected for reporting wrongdoing their management chain. It doesn’t blowers are protected for disclosing to their supervisors. matter if the original disclosure uncov- waste, fraud, and abuse in their chain Now, we have waited nearly a year ered actual wrongdoing. If the em- of command. This change was rec- for constructive, good-faith feedback ployee who reported it experiences re- ommended by the Government Ac- on our other reforms, but have received taliation, there is nothing they can do countability Office in its 2015 review. none. And unfortunately, we have not about it. Worse, FBI employees are the It is also supported by the Office of been able to reach a unanimous agree- only employees in the Federal Govern- Special Counsel, the Department’s Of- ment on those issues this year or ob- ment without these protections. fice of the Inspector General, and nu- tain time for debate and a vote on the Even whistleblowers in the intel- merous good government and whistle- floor. I am very disappointed. However, ligence community, thanks to the blower advocacy groups. Even FBI Di- we still found a way forward on one President’s Policy Directive No. 19, are rector James Comey and Attorney key provision of this legislation. FBI protected when they make disclosures General Loretta Lynch have both testi- employees have waited long enough to to their supervisors. But the employees fied before the Judiciary Committee be protected for the same disclosures of the FBI have been left behind. The that disclosures to supervisors should as everyone else in the Federal Govern- problem stems from an apparent com- be protected. Now, we passed a version ment. Year after year, decade after promise Congress reached in 1978 as of this bill out of the Judiciary Com- decade, so many FBI employees have part of the Civil Service Reform Act. mittee unanimously. That version been retaliated against with no legal There were some in the Congress at the would have made additional meaning- recourse. time that wanted to exempt the FBI ful changes to the FBI whistleblower Well, that ends now. We can keep completely from important whistle- program. working together on other, much-need- blower protections. The bill adopted by the Committee ed reforms, and we will. We are not fin- But this was 1978, only a few years would also have addressed the other ished with the great work left to do to after J. Edgar Hoover’s reign over the problems identified in the Justice De- improve FBI whistleblower protec- FBI ended. It had become very clear in partment report and the Government tions. Other issues identified by the those years that the FBI was not im- Accountability Office study. Government Accountability Office and mune to abuses of power. So the FBI Most importantly, the bill that by the Justice Department itself still got its own provision in the U.S. Code, passed the Committee would have dealt need to be addressed. separate from the protections that with the lengthy delays in the Depart- But with the passage of the amend- apply to most other nonmilitary Fed- ment’s internal investigation and adju- ment to our bill, FBI employees will fi- eral employees. The point was to pro- dication process. We also wanted to nally have a remedy if they are retali- vide protections similar to those avail- provide FBI whistleblowers with some ated against for reporting waste, fraud, able for other Federal employees. relief when the inspector general finds and abuse to their supervisors—just But, when the Department wrote its in their favor. That way, FBI would be like every other Federal employee in rules, it strictly limited the number of encouraged to settle cases instead of the vast American bureaucracy. I am people FBI employees could report to. wasting taxpayer money defending re- thankful for the support and hard work The Department said that it should not prisal. We wanted to require the De- of Senator LEAHY on these issues for so protect disclosures to supervisors be- partment to make its decisions on many years and for working so closely cause that would mean the same people these cases publicly available. That with me on this legislation. I also am who are prohibited from engaging in way, the FBI would not be the only very thankful for Representative reprisal—supervisors—would receive party in these cases with access to case CHAFFETZ’s leadership on this issue in disclosures. But that was not the in- precedent. the House. I know that he and Rep- tent. The whole point of the whistle- We also wanted to be sure that FBI resentatives JEFFRIES and CUMMINGS blower protection laws is to protect the employees had opportunities for a fair have been great advocates for this whistleblower from the person who is and independent hearing and the abil- change. going to retaliate against them for dis- ity to seek relief from a court of ap- Most of all, I am grateful for the FBI closing waste, fraud, or abuse. That is peals. In that case, at least someone whistleblowers I have worked with over typically the person who receives their outside the Department would be able the years, folks like Fred Whitehurst, disclosures—which is almost always a to hold the Department and the FBI Jane Turner, Michael German, Robert direct supervisor. accountable. But, behind the scenes, Kobus, Darin Jones, and so many more. But the Department’s current rules the FBI and the Justice Department This would never have come to pass leave those employees out in the cold. objected to these provisions—although without your leadership, persistence, The result? As I said, roughly one-third they never provided any official writ- and personal sacrifice. It has been a of FBI employee reprisal complaints ten comment on the bill. They claimed long road, but it has been a privilege to have been dismissed because they did our reforms would jeopardize national travel it with you. what FBI policy tells them to do. They security. We are not done yet. But now, we are reported to their chain of command. But they never, ever said how. In one very big step closer. This result is absurd and not what Con- nearly a year, they could not produce Mr. LEAHY. Mr. President, whistle- gress intended. one single specific, coherent concern blowers play an essential role in pro- Congress wanted to encourage disclo- with the process that we developed. viding transparency and accountability sures of wrongdoing so that problems They had no response to the fact that in the Federal Government and expos- could be more easily identified and classified information has not been an ing waste, fraud, and abuse. It is im- then fixed. How can you fix problems if issue in FBI cases. Reprisal complaints portant that all government employees your employees do not have a logical, generally can be considered without have safe and effective avenues to safe way to raise them? The answer is ever addressing classified information. come forward when they have evidence that you can’t. The Department’s own rules tell em- of wrongdoing, and to encourage them

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00199 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.128 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7130 CONGRESSIONAL RECORD — SENATE December 9, 2016 to come forward they must be afforded PROMOTING TRAVEL, COMMERCE, the U.S.Canadian border. Preclearance protections from retaliation. Unfortu- AND NATIONAL SECURITY ACT helps further facilitate this important nately, under current law, FBI employ- OF 2016 economic relationship. ees who report waste or misconduct are The bill (H.R. 6431) to ensure United Preclearance is an issue about which not afforded the same whistleblower States jurisdiction over offenses com- both Democrats and Republicans can protections as all other Federal em- mitted by United States personnel sta- and do agree. It will enhance border se- ployees. That is why I worked closely tioned in Canada in furtherance of bor- curity and stimulate economic growth. with Senator GRASSLEY to author the der security initiatives, was ordered to I look forward to the President signing FBI Whistleblower Protection En- a third reading and was read the third this bill into law. hancements Act of 2016. time. f The bill Senator GRASSLEY and I Mr. LEAHY. Mr. President, Congress drafted was a comprehensive package. has now passed the bipartisan Pro- INSPECTOR GENERAL Not only did it extend protections to moting Travel, Commerce, and Na- EMPOWERMENT ACT OF 2016 FBI employees who report waste, tional Security Act. In 2015, I hailed The bill (H.R. 6450) to amend the In- fraud, or abuse to supervisors in their the signing of a new agreement be- spector General Act of 1978 to strength- chain of command, but it also provided tween the United States and Canada en the independence of the Inspectors clear guidance on the investigation and designed to improve cross-border trav- General, and for other purposes, was adjudication of retaliation claims so el, commerce, and security between our that those same employees are not de- two countries. Since then, there has ordered to a third reading and was read nied whistleblower protections without been legislation introduced in both the the third time. reason or without opportunity to ap- Senate and the House to allow for full Mr. GRASSLEY. Mr. President, peal. Unfortunately, the bill we have implementation of that expanded Can- today, the Senate passed the Inspector passed today has been stripped of many ada preclearance agreement. Thirty General Empowerment Act. This is a of these worthy reforms. While I am business associations both in the crucial piece of legislation to enable pleased we will finally update the law United States and Canada support this inspectors general to function inde- to provide whistleblower protections legislation, and the U.S. Departments pendently and to weed out waste, for FBI employees who blow the whis- of Homeland Security and Justice fully fraud, and abuse within the govern- tle within their chain of command, I support its passage. ment. I thank Senator MCCAIN for am disappointed that the bill we have Let’s be clear about one thing: U.S. working with me constructively to re- before of contains only a fraction of preclearance operations are already solve the concerns he raised last week and for honoring the agreement we the reform that Senator GRASSLEY and under way, in Canada and elsewhere. I worked so hard to move through the Preclearance facilities allow travelers made in December 2015. Senate Judiciary Committee. to pass through U.S. Customs and Bor- Following Senator MCCAIN’s objec- This is a small but important step der Protection, CBP, inspections on tion to my attempt to pass the IG bill forward, but it is not sufficient. The foreign soil, prior to traveling to the by a live UC last Thursday, our staffs Senate must work to pass comprehen- United States. Preclearance operations met and reached a compromise. We sive reform so that FBI employees are relieve congestion at U.S. destination agreed to remove some provisions of able to blow the whistle and not face airports, facilitate commerce, save the bill related to IG leave policy and repercussions for doing so. I hope we money, and strengthen national secu- IG reporting requirements. Although can revisit this important issue in the rity. The United States currently sta- we disagreed on those provisions, I am next Congress. tions CBP officers in select locations in glad that we agreed to preserve the Canada to inspect passengers and cargo most important parts of the bill. f bound for the United States before de- Namely, we preserved the provisions parting Canada. This legislation will of the bill that provide inspectors gen- HOLOCAUST EXPROPRIATED ART pave the way for additional U.S. eral with timely access to all records of RECOVERY ACT OF 2016 preclearance facilities in Canada in the the agency that they are charged with marine, land, air and rail sectors. In overseeing. In addition, the bill con- The bill (H.R. 6130) to provide the vic- particular, this legislation will ad- tains numerous other provisions that tims of Holocaust-era persecution and vance important projects in Vermont: strengthen IG independence and equip their heirs a fair opportunity to re- the creation of a preclearance facility IGs with the necessary tools to weed cover works of art confiscated or mis- at Montreal’s Central Station, reestab- out waste, fraud, and abuse within the appropriated by the Nazis, was ordered lishing train service between Vermont Federal Government. to a third reading and was read the and Montreal; and improvements to air The bill requires the Government Ac- third time. service between Burlington Inter- countability Office to conduct a study on prolonged IG vacancies and to pro- f national Airport and Billy Bishop To- ronto City Airport. vide recommendations for reducing This legislation will promote two key these vacancies. It exempts IGs from TIBOR RUBIN VA MEDICAL national goals: enhancing our national getting computer matching agree- CENTER security and increasing efficiency for ments and from complying with the The bill (H.R. 6323) to name the De- travelers and commercial exchanges. Paperwork Reduction Act, in order to partment of Veterans Affairs health With respect to national security, by ensure that IGs can obtain information care system in Long Beach, California, placing CBP personnel at the point of and perform investigations without the ‘‘Tibor Rubin VA Medical Center,’’ departure, screening occurs before a first obtaining agency approval. It im- was ordered to a third reading and was person boards a flight, increasing our proves the process by which IGs police read the third time. ability to prevent those who should not the conduct of other IGs, to require be flying to the United States from that investigations are conducted in a f doing so. In 2014, preclearance stopped more timely fashion. It promotes more than 10,000 inadmissible travelers greater transparency by requiring IGs TO REVISE THE BOUNDARIES OF worldwide before they left foreign soil. to report to Congress semiannually on CERTAIN JOHN H. CHAFEE And with respect to commerce, the impediments to their work, such as COASTAL BARRIER RESOURCES United States and Canada enjoy one of agency interference, reports that are SYSTEM UNITS IN NEW JERSEY the largest bilateral economic relation- not made otherwise available to the The bill (H.R. 6400) to revise the ships in the world, with $1.4 trillion in public, and whistleblower retaliation. boundaries of certain John H. Chafee bilateral trade and investment and Finally, it requires IGs to send IG rec- Coastal Barrier Resources System two-way trade in goods and services ommendations to the heads of agencies units in New Jersey, was ordered to a valued at $759 billion in 2014. Each day, and to Congress and to publicly post third reading and was read the third more than $1.8 billion in goods and reports, unless otherwise prohibited by time. services and nearly 390,000 people cross law.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00200 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.122 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7131 It is a waste of time and money to bill was stripped from the conference Mr. PORTMAN. Mr. President, I ask have agencies at war with their inspec- report. This kind of progress can only unanimous consent that the Johnson tors general over access to informa- be made through bipartisan work and substitute amendment be agreed to; tion. The inspectors general need to good faith negotiating. I am glad we the bill, as amended, be considered spend their time identifying and help- will make similar progress with the IG read a third time and passed; the title ing agencies eliminate waste, fraud, Empowerment Act that I hope all Sen- amendment be agreed to; and the mo- and abuse—not fighting for access to ators will support today. tions to reconsider be considered made the information needed to do their job. f and laid upon the table. The bureaucrats need to learn Congress The PRESIDING OFFICER. Without intended for the law to mean exactly FEDERAL PROPERTY MANAGE- objection, it is so ordered. what it says. MENT REFORM ACT OF 2016 The amendment (No. 5178) in the na- Unless a provision of law specifically The bill (H.R. 6451) to improve the ture of a substitute was agreed to, as mentions the inspector general and Government-wide management of Fed- follows: prevents access to certain kinds of doc- eral property, was ordered to a third (Purpose: In the nature of a substitute) uments, then those records should be reading and was read the third time. Strike all after the enacting clause and insert the following: provided. ‘‘All records’’ means ‘‘all f records.’’ SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Overtime I thank my cosponsors who worked ENSURING ACCESS TO PACIFIC FISHERIES ACT Pay for Protective Services Act of 2016’’. diligently with me over the past year- SEC. 2. PREMIUM PAY EXCEPTION IN 2016 FOR and-a-half to help this bill pass in the The bill (H.R. 6452) to implement the PROTECTIVE SERVICES. Senate. Convention on the Conservation and (a) DEFINITION.—In this section, the term Mr. LEAHY. Mr. President, I have Management of High Seas Fisheries ‘‘covered employee’’ means any officer, em- long fought to promote transparency Resources in the North Pacific Ocean, ployee, or agent employed by the United and accountability in our Federal Gov- to implement the Convention on the States Secret Service who performs protective services for an individual or event pro- ernment. From standing up to defend Conservation and Management of High tected by the United States Secret Service and strengthen the Freedom of Infor- Seas Fishery Resources in the South during 2016. mation Act, FOIA, to protecting gov- Pacific Ocean, and for other purposes, (b) EXCEPTION TO THE LIMITATION ON PRE- ernment whistleblowers, promoting was ordered to a third reading and was MIUM PAY FOR PROTECTIVE SERVICES.— transparency and accountability are read the third time. (1) IN GENERAL.—Notwithstanding any other provision of law, during 2016, section among my top priorities. This Con- f gress, Senator Grassley and I joined to- 5547(a) of title 5, United States Code, shall FOREIGN CULTURAL EXCHANGE not apply to any covered employee to the ex- gether to introduce the FBI Whistle- tent that its application would prevent a blower Protection Act. And today we JURISDICTIONAL IMMUNITY CLARIFICATON ACT covered employee from receiving premium have again worked together to advance pay, as provided under the amendment made legislation to support inspectors gen- The bill (H.R. 6477) to amend chapter by paragraph (2). eral and ensure accountability. I sup- 97 of title 28, United States Code, to (2) TECHNICAL AND CONFORMING AMEND- port the revised IG Empowerment Act clarify the exception to foreign sov- MENT.—Section 118 of the Treasury and Gen- and hope it can be signed into law be- ereign immunity set forth in section eral Government Appropriations Act, 2001 (as fore the end of the year. 1605(a)(3) of such title, was ordered to a enacted into law by section 1(3) of Public third reading and was read the third Law 106–554; 114 Stat. 2763A–134) is amended, Inspectors general play a critical role in the first sentence, by inserting ‘‘or, if the in promoting government transparency time. employee qualifies for an exception to such and accountability. They help ensure Mr. PORTMAN. Mr. President, I limitation under section 2(b)(1) of the Over- that Federal agencies and their em- know of no further debate on the bills time Pay for Protective Services Act of 2016, ployees operate efficiently, effectively, en bloc. to the extent that such aggregate amount and within the scope of the law. The The PRESIDING OFFICER. Is there would exceed the rate of basic pay payable goal of the IG Empowerment Act is to further debate? for a position at level II of the Executive strengthen the Office of Inspectors If not, the bills having been read the Schedule under section 5313 of title 5, United States Code’’ after ‘‘of that limitation’’. General and increase their independ- third time, the question is, Shall the (c) TREATMENT OF ADDITIONAL PAY.—If sub- ence, and it is a goal I support. One bills pass en bloc? section (b) results in the payment of addi- very important provision would help The bills (H.R. 4352, H.R. 5099, H.R. tional premium pay to a covered employee of clarify that IGs should have access to 5790, H.R. 6130, H.R. 6323, H.R. 6400, H.R. a type that is normally creditable as basic all documents they need to conduct 6431, H.R. 6450, H.R. 6451, H.R. 6452, and pay for retirement or any other purpose, their investigations, audits, and re- H.R. 6477) were passed. that additional pay shall not— views. This is something I agree with. Mr. PORTMAN. I ask unanimous (1) be considered to be basic pay of the covered employee for any purpose; or Senator GRASSLEY and I held a bipar- consent that the motions to reconsider (2) be used in computing a lump-sum pay- tisan hearing on this issue and agreed be considered made and laid upon the ment to the covered employee for accumu- to work together to find a solution to table en bloc. lated and accrued annual leave under section this problem. The PRESIDING OFFICER. Without 5551 or section 5552 of title 5, United States While we need to make sure that the objection, it is so ordered. Code. (d) AGGREGATE LIMIT.—With respect to the IGs have the tools they need to do f their job, the Fourth Amendment de- application of section 5307 of title 5, United States Code, the payment of any additional mands that we not grant administra- OVERTIME PAY FOR SECRET SERVICE AGENTS ACT OF 2016 premium pay to a covered employee as a re- tive subpoena power lightly. Such sult of subsection (b) shall not be counted as power should be granted sparingly and Mr. PORTMAN. Mr. President, I ask part of the aggregate compensation of the be narrowly tailored to protect individ- unanimous consent that the Senate covered employee. uals’ civil liberties. The bill we ad- proceed to the immediate consider- (e) EFFECTIVE DATE.—This section and the vance today strikes the right balance ation of H.R. 6302, which was received amendments made by this section shall take effect as if enacted on December 31, 2015. to support IGs without giving them a from the House. The amendment was ordered to be blank check to subpoena any indi- The PRESIDING OFFICER. The engrossed, and the bill to be read a vidual outside of the government and clerk will report the bill by title. third time. compel them to testify in person. The senior assistant legislative clerk The bill was read the third time. We have made good progress in ad- read as follows: The bill (H.R. 6302), as amended, was vancing protransparency legislation A bill (H.R. 6302), to provide an increase in passed. this year. My bipartisan FOIA Im- premium pay for United States Secret Serv- The amendment (No. 5179) was agreed provement Act with Senator CORNYN ice agents performing protective services to, as follows: was signed into law in July. And just during 2016, and for other purposes. (Purpose: To amend the title) this week, we learned that a dangerous There being no objection, the Senate Amend the title to read as follows: ‘‘A bill FOIA-related provision in the defense proceeded to consider the bill. to provide an increase in premium pay for

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00201 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.126 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7132 CONGRESSIONAL RECORD — SENATE December 9, 2016 protective services during 2016, and for other SEC. 2. FINDINGS; AGENCY DEFINED. ‘‘(20) the term ‘nonpublic data asset’— purposes.’’. (a) FINDINGS.—Congress finds the following: ‘‘(A) means a data asset that may not be made f (1) Federal Government data is a valuable na- available to the public for privacy, security, tional resource. Managing Federal Government confidentiality, regulation, or other reasons as MARINE LANCE CORPORAL SQUIRE data to make it open, available, discoverable, determined by law; and ‘‘SKIP’’ WELLS POST OFFICE and useable to the general public, businesses, ‘‘(B) includes data provided by contractors BUILDING journalists, academics, and advocates promotes that is protected by contract, license, patent, efficiency and effectiveness in Government, cre- trademark, copyright, confidentiality, regula- Mr. PORTMAN. Mr. President, I ask ates economic opportunities, promotes scientific tion, or other restriction; unanimous consent that the Com- discovery, and most importantly, strengthens ‘‘(21) the term ‘open format’ means a technical mittee on Homeland Security and Gov- our democracy. format based on an underlying open standard ernmental Affairs be discharged from (2) Maximizing the usefulness of Federal Gov- that is— further consideration of H.R. 5612 and ernment data that is appropriate for release ‘‘(A) not encumbered by restrictions that the Senate proceed to its immediate rests upon making it readily available, discover- would impede use or reuse; and consideration. able, and usable—in a word: open. Information ‘‘(B) based on an underlying open standard The PRESIDING OFFICER. Without presumptively should be available to the general that is maintained by a standards organization; public unless the Federal Government reason- ‘‘(22) the term ‘open Government data’ means objection, it is so ordered. a Federal Government public data asset that The clerk will report the bill by title. ably foresees that disclosure could harm a specific, articulable interest protected by law or the is— The senior assistant legislative clerk Federal Government is otherwise expressly pro- ‘‘(A) machine-readable; read as follows: hibited from releasing such data due to statu- ‘‘(B) available in an open format; and A bill (H.R. 5612) to designate the facility tory requirements. ‘‘(C) part of the worldwide public domain or, of the United States Postal Service located (3) The Federal Government has the responsi- if necessary, published with an open license; at 2886 Sandy Plains Road in Marietta, Geor- bility to be transparent and accountable to its ‘‘(23) the term ‘open license’ means a legal gia, as the ‘‘Marine Lance Corporal Squire citizens. guarantee applied to a data asset that is made ‘Skip’ Wells Post Office Building.’’ (4) Data controlled, collected, or created by available to the public that such data asset is There being no objection, the Senate the Federal Government should be originated, made available— ‘‘(A) at no cost to the public; and proceeded to consider the bill. transmitted, and published in modern, open, and electronic format, to be as readily accessible ‘‘(B) with no restrictions on copying, pub- Mr. PORTMAN. Mr. President, I ask lishing, distributing, transmitting, citing, or unanimous consent that the bill be as possible, consistent with data standards im- bued with authority under this Act and to the adapting; and read a third time and passed and the extent permitted by law. ‘‘(24) the term ‘public data asset’ means a col- motion to reconsider be considered (5) The effort to inventory Government data lection of data elements or a data set main- made and laid upon the table. will have additional benefits, including identi- tained by the Government that— The PRESIDING OFFICER. Without fying opportunities within agencies to reduce ‘‘(A) may be released; or objection, it is so ordered. waste, increase efficiencies, and save taxpayer ‘‘(B) has been released to the public in an The bill (H.R. 5612) was ordered to a dollars. As such, this effort should involve many open format and is discoverable through a search of Data.gov.’’. third reading, was read the third time, types of data, including data generated by ap- and passed. plications, devices, networks, and equipment, SEC. 5. REQUIREMENT FOR MAKING OPEN AND which can be harnessed to improve operations, MACHINE-READABLE THE DEFAULT f lower energy consumption, reduce costs, and FOR GOVERNMENT DATA. (a) AMENDMENT.—Subchapter I of chapter 35 OPEN GOVERNMENT DATA ACT strengthen security. (6) Communication, commerce, and data tran- of title 44, United States Code, is amended by Mr. PORTMAN. Mr. President, I ask scend national borders. Global access to Govern- adding at the end the following: unanimous consent that the Senate ment information is often essential to promoting ‘‘§ 3522. Requirements for Government data proceed to the immediate consider- innovation, scientific discovery, entrepreneur- ‘‘(a) MACHINE-READABLE DATA REQUIRED.— ation of Calendar No. 718, S. 2852. ship, education, and the general welfare. Government data assets made available by an The PRESIDING OFFICER. The (b) AGENCY DEFINED.—In this Act, the term agency shall be published as machine-readable clerk will report the bill by title. ‘‘agency’’ has the meaning given that term in data. The senior assistant legislative clerk section 3502 of title 44, United States Code, and ‘‘(b) OPEN BY DEFAULT.—When not otherwise read as follows: includes the Federal Election Commission. prohibited by law, and to the extent practicable, SEC. 3. RULE OF CONSTRUCTION. Government data assets shall— A bill (S. 2852) to expand the Government’s ‘‘(1) be available in an open format; and use and administration of data to facilitate Nothing in this Act, or the amendments made ‘‘(2) be available under open licenses. transparency, effective governance, and in- by this Act, shall be construed to require the ‘‘(c) OPEN LICENSE OR WORLDWIDE PUBLIC novation, and for other purposes. disclosure of information or records that are exempt from public disclosure under section 552 of DOMAIN DEDICATION REQUIRED.—When not oth- There being no objection, the Senate title 5, United States Code (commonly known as erwise prohibited by law, and to the extent proceeded to consider the bill, which the ‘‘Freedom of Information Act’’). practicable, Government data assets published had been reported from the Committee SEC. 4. FEDERAL INFORMATION POLICY DEFINI- by or for an agency shall be made available on Homeland Security and Govern- TIONS. under an open license or, if not made available mental Affairs, with an amendment to Section 3502 of title 44, United States Code, is under an open license and appropriately re- strike all after the enacting clause and amended— leased, shall be considered to be published as part of the worldwide public domain. insert in lieu thereof the following: (1) in paragraph (13), by striking ‘‘; and’’ at the end and inserting a semicolon; ‘‘(d) INNOVATION.—Each agency may engage SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (2) in paragraph (14), by striking the period at with nongovernmental organizations, citizens, (a) SHORT TITLE.—This Act may be cited as the end and inserting a semicolon; and non-profit organizations, colleges and univer- the ‘‘Open, Public, Electronic, and Necessary (3) by adding at the end the following: sities, private and public companies, and other Government Data Act’’ or the ‘‘OPEN Gov- ‘‘(15) the term ‘data’ means recorded informa- agencies to explore opportunities to leverage the ernment Data Act’’. tion, regardless of form or the media on which agency’s public data asset in a manner that may (b) TABLE OF CONTENTS.—The table of con- provide new opportunities for innovation in the tents for this Act is as follows: the data is recorded; ‘‘(16) the term ‘data asset’ means a collection public and private sectors in accordance with Sec. 1. Short title; table of contents. of data elements or data sets that may be law and regulation.’’. Sec. 2. Findings; agency defined. grouped together; (b) TECHNICAL AND CONFORMING AMEND- Sec. 3. Rule of construction. ‘‘(17) the term ‘Enterprise Data Inventory’ MENT.—The table of sections for subchapter I of Sec. 4. Federal information policy definitions. chapter 35 of title 44, United States Code, is Sec. 5. Requirement for making open and ma- means the data inventory developed and maintained pursuant to section 3523; amended by inserting after the item relating to chine-readable the default for section 3521 the following: Government data. ‘‘(18) the term ‘machine-readable’ means a Sec. 6. Responsibilities of the Office of Elec- format in which information or data can be eas- ‘‘3522. Requirements for Government data.’’. tronic Government. ily processed by a computer without human (c) EFFECTIVE DATE.—Notwithstanding sec- Sec. 7. Data inventory and planning. intervention while ensuring no semantic mean- tion 11, the amendments made by subsections (a) Sec. 8. Technology portal. ing is lost; and (b) shall take effect on the date that is 1 Sec. 9. Enhanced responsibilities for chief infor- ‘‘(19) the term ‘metadata’ means structural or year after the date of enactment of this Act and mation officers and chief informa- descriptive information about data such as con- shall apply with respect to any contract entered tion officers council duties. tent, format, source, rights, accuracy, prove- into by an agency on or after such effective Sec. 10. Evaluation of agency analytical capa- nance, frequency, periodicity, granularity, pub- date. bilities. lisher or responsible party, contact information, (d) USE OF OPEN DATA ASSETS.—Not later Sec. 11. Effective date. method of collection, and other descriptions; than 1 year after the date of enactment of this

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00202 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.124 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7133 Act, the head of each agency shall ensure that (H) in subsection (g), by striking ‘‘the Office tion 11319 of title 40, United States Code, is any activities by the agency or any new con- of Electronic Government’’ and inserting ‘‘the amended by striking ‘‘Administrator of the Of- tract entered into by the agency meet the re- Office of the Federal Chief Information Offi- fice of Electronic Government’’ each place it ap- quirements of section 3522 of title 44, United cer’’. pears and inserting ‘‘Federal Chief Information States Code, as added by subsection (a). (3) CHIEF INFORMATION OFFICERS COUNCIL.— Officer’’. SEC. 6. RESPONSIBILITIES OF THE OFFICE OF Section 3603 of title 44, United States Code, is (G) ADDITIONAL TECHNICAL AND CONFORMING ELECTRONIC GOVERNMENT. amended— AMENDMENTS.— (a) COORDINATION OF FEDERAL INFORMATION (A) in subsection (b)(2), by striking ‘‘The Ad- (i) Section 2222(i)(6) of title 10, United States RESOURCES MANAGEMENT POLICY.—Section 3503 ministrator of the Office of Electronic Govern- Code, is amended by striking ‘‘section 3601(4)’’ of title 44, United States Code, is amended by ment’’ and inserting ‘‘The Federal Chief Infor- and inserting ‘‘section 3601(3)’’. adding at the end the following: mation Officer’’; (ii) Section 506D(k)(1) of the National Security ‘‘(c) COORDINATION OF FEDERAL INFORMATION (B) in subsection (c)(1), by striking ‘‘The Ad- Act of 1947 (50 U.S.C. 3100(k)(1)) is amended by RESOURCES MANAGEMENT POLICY.—The Federal ministrator of the Office of Electronic Govern- striking ‘‘section 3601(4)’’ and inserting ‘‘section Chief Information Officer shall work in coordi- ment’’ and inserting ‘‘The Federal Chief Infor- 3601(3)’’. nation with the Administrator of the Office of mation Officer’’; and (7) RULE OF CONSTRUCTION.—The amendments Information and Regulatory Affairs and with (C) in subsection (f)(3), by striking ‘‘the Ad- made by this subsection are for the purpose of the heads of other offices within the Office of ministrator’’ and inserting ‘‘the Federal Chief changing the name of the Office of Electronic Management and Budget to oversee and advise Information Officer’’. Government and the Administrator of such of- the Director on Federal information resources (4) E–GOVERNMENT FUND.—Section 3604 of fice and shall not be construed to affect any of management policy.’’. title 44, United States Code, is amended— the substantive provisions of the provisions (b) AUTHORITY AND FUNCTIONS OF DIREC- (A) in subsection (a)(2), by striking ‘‘the Ad- amended or to require a new appointment by the TOR.—Section 3504(h) of title 44, United States ministrator of the Office of Electronic Govern- President. Code, is amended— ment’’ and inserting ‘‘the Federal Chief Infor- SEC. 7. DATA INVENTORY AND PLANNING. (1) in paragraph (1), by inserting ‘‘, the Fed- mation Officer’’; (a) ENTERPRISE DATA INVENTORY.— eral Chief Information Officer,’’ after ‘‘the Di- (B) in subsection (b), by striking ‘‘Adminis- (1) AMENDMENT.—Subchapter I of chapter 35 rector of the National Institute of Standards trator’’ each place it appears and inserting of title 44, United States Code, as amended by and Technology’’; ‘‘Federal Chief Information Officer’’; and section 5, is amended by adding at the end the (2) in paragraph (4)— (C) in subsection (c), by striking ‘‘the Admin- following: (A) in subparagraph (A), by striking ‘‘; and’’ istrator’’ and inserting ‘‘the Federal Chief In- ‘‘§ 3523. Enterprise data inventory and inserting a semicolon; and formation Officer’’. ‘‘(a) AGENCY DATA INVENTORY REQUIRED.— (B) by adding at the end the following: (5) PROGRAM TO ENCOURAGE INNOVATIVE SOLU- ‘‘(1) IN GENERAL.—In order to develop a clear ‘‘(C) oversee the completeness of the Enter- TIONS TO ENHANCE ELECTRONIC GOVERNMENT and comprehensive understanding of the data prise Data Inventory and the extent to which SERVICES AND PROCESSES.—Section 3605 of title assets in the possession of an agency, the head the agency is making all data collected and gen- 44, United States Code, is amended— of each agency, in consultation with the Direc- erated by the agency available to the public in (A) in subsection (a), by striking ‘‘The Admin- tor of the Office of Management and Budget, accordance with section 3523;’’; istrator’’ and inserting ‘‘The Federal Chief In- shall develop and maintain an enterprise data (3) in paragraph (5), by striking the period at formation Officer’’; inventory (in this section referred to as the ‘En- the end and inserting ‘‘; and’’; and (B) in subsection (b), by striking ‘‘, the Ad- terprise Data Inventory’) that accounts for any (4) by adding at the end the following: ministrator,’’ and inserting ‘‘, the Federal Chief data asset created, collected, under the control ‘‘(6) coordinate the development and review of Information Officer,’’; and or direction of, or maintained by the agency Federal information resources management pol- (C) in subsection (c)— after the effective date of this section, with the icy by the Administrator of the Office of Infor- (i) in paragraph (1)— ultimate goal of including all data assets, to the mation and Regulatory Affairs and the Federal (I) by striking ‘‘The Administrator’’ and in- extent practicable. Chief Information Officer.’’. serting ‘‘The Federal Chief Information Offi- ‘‘(2) CONTENTS.—The Enterprise Data Inven- (c) CHANGE OF NAME OF THE OFFICE OF ELEC- cer’’; and tory shall include each of the following: TRONIC GOVERNMENT.— (II) by striking ‘‘proposals submitted to the ‘‘(A) Data assets used in agency information (1) DEFINITIONS.—Section 3601 of title 44, Administrator’’ and inserting ‘‘proposals sub- systems, including program administration, sta- United States Code, is amended— mitted to the Federal Chief Information Offi- tistical, and financial activity. (A) by striking paragraph (1); cer’’; (B) by redesignating paragraphs (2) through ‘‘(B) Data assets shared or maintained across (ii) in paragraph (2), by striking ‘‘the Admin- (4) as paragraphs (1) through (3), respectively; agency programs and bureaus. istrator’’ and inserting ‘‘the Federal Chief In- and ‘‘(C) Data assets that are shared among agen- formation Officer’’; and (C) by inserting after paragraph (3), as so re- cies or created by more than 1 agency. (iii) in paragraph (4), by striking ‘‘the Admin- designated, the following: ‘‘(D) A clear indication of all data assets that istrator’’ and inserting ‘‘the Federal Chief In- ‘‘(4) ‘Federal Chief Information Officer’ can be made publicly available under section 552 formation Officer’’. means the Federal Chief Information Officer of of title 5 (commonly referred to as the ‘Freedom (6) TECHNICAL AND CONFORMING AMEND- the Office of the Federal Chief Information Offi- of Information Act’). MENTS.— cer established under section 3602;’’. ‘‘(E) A description of whether the agency has (A) TABLE OF SECTIONS.—The table of sections (2) OFFICE OF THE FEDERAL CHIEF INFORMA- determined that an individual data asset may be for chapter 36 of title 44, United States Code, is TION OFFICER.—Section 3602 of title 44, United made publicly available and whether the data amended by striking the item relating to section States Code, is amended— asset is currently available to the public. 3602 and inserting the following: (A) in the heading, by striking ‘‘Electronic ‘‘(F) Non-public data assets. Government’’ and inserting ‘‘the Federal Chief ‘‘3602. Office of the Federal Chief Informa- ‘‘(G) Government data assets generated by ap- Information Officer’’; tion Officer.’’. plications, devices, networks, and equipment, (B) in subsection (a), by striking ‘‘Office of (B) POSITIONS AT LEVEL III.—Section 5314 of categorized by source type. Electronic Government’’ and inserting ‘‘Office title 5, United States Code, is amended by strik- ‘‘(b) PUBLIC AVAILABILITY.—The Chief Infor- of the Federal Chief Information Officer’’; ing ‘‘Administrator of the Office of Electronic mation Officer of each agency shall use the (C) in subsection (b), by striking ‘‘an Adminis- Government’’ and inserting ‘‘Federal Chief In- guidance provided by the Director issued pursu- trator’’ and inserting ‘‘a Federal Chief Informa- formation Officer’’. ant to section 3504(a)(1)(C)(ii) to make public tion Officer’’; (C) OFFICE OF ELECTRONIC GOVERNMENT.— data assets included in the Enterprise Data In- (D) in subsection (c), by striking ‘‘The Admin- Section 507 of title 31, United States Code, is ventory publicly available in an open format istrator’’ and inserting ‘‘The Federal Chief In- amended by striking ‘‘The Office of Electronic and under an open license. formation Officer’’; Government’’ and inserting ‘‘The Office of the ‘‘(c) NON-PUBLIC DATA.—Non-public data in- (E) in subsection (d), by striking ‘‘The Admin- Federal Chief Information Officer’’. cluded in the Enterprise Data Inventory may be istrator’’ and inserting ‘‘The Federal Chief In- (D) ELECTRONIC GOVERNMENT AND INFORMA- maintained in a non-public section of the inven- formation Officer’’; TION TECHNOLOGIES.—Section 305 of title 40, tory. (F) in subsection (e), by striking ‘‘The Admin- United States Code, is amended by striking ‘‘Ad- ‘‘(d) AVAILABILITY OF ENTERPRISE DATA IN- istrator’’ and inserting ‘‘The Federal Chief In- ministrator of the Office of Electronic Govern- VENTORY.—The Chief Information Officer of formation Officer’’; ment’’ and inserting ‘‘Federal Chief Information each agency— (G) in subsection (f)— Officer’’. ‘‘(1) shall make the Enterprise Data Inventory (i) in the matter preceding paragraph (1), by (E) CAPITAL PLANNING AND INVESTMENT CON- available to the public on Data.gov; striking ‘‘the Administrator shall’’ and inserting TROL.—Section 11302(c)(4) of title 40, United ‘‘(2) shall ensure that access to the Enterprise ‘‘the Federal Chief Information Officer shall’’; States Code, is amended by striking ‘‘Adminis- Data Inventory and the data contained therein and trator of the Office of Electronic Government’’ is consistent with applicable law and regula- (ii) in paragraph (16), by striking ‘‘the Office each place it appears and inserting ‘‘Federal tion; and of Electronic Government’’ and inserting ‘‘the Chief Information Officer’’. ‘‘(3) may implement paragraph (1) in a man- Office of the Federal Chief Information Offi- (F) RESOURCES, PLANNING, AND PORTFOLIO ner that maintains a non-public portion of the cer’’; and MANAGEMENT.—The second subsection (c) of sec- Enterprise Data Inventory.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00203 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.148 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7134 CONGRESSIONAL RECORD — SENATE December 9, 2016

‘‘(e) REGULAR UPDATES REQUIRED.—The Chief nesses, and private citizens for the purpose of ‘‘(D) focused on gathering input about the Information Officer of each agency shall— understanding how data users value and use performance of, or public satisfaction with, an ‘‘(1) to the extent practicable, complete the open Government data; agency providing service; and Enterprise Data Inventory for the agency not ‘‘(B) identifies and implements methods for ‘‘(3) the agency publishes representative sum- later than 1 year after the date of enactment of collecting and analyzing digital information on maries of the collection of information under this section; and data asset usage by users within and outside of subsection (c).’’. ‘‘(2) add additional data assets to the Enter- the agency, including designating a point of (d) REPOSITORY.—The Director of the Office prise Data Inventory for the agency not later contact within the agency to assist the public of Management and Budget shall collaborate than 90 days after the date on which the data and to respond to quality issues, usability, rec- with the Office of Government Information asset is created or identified. ommendations for improvements, and complaints Services and the Administrator of General Serv- ‘‘(f) USE OF EXISTING RESOURCES.—When about adherence to open data requirements in ices to develop and maintain an online reposi- practicable, the Chief Information Officer of accordance with subsection (d)(2); tory of tools, best practices, and schema stand- each agency shall use existing procedures and ‘‘(C) develops and implements a process to ards to facilitate the adoption of open data systems to compile and publish the Enterprise evaluate and improve the timeliness, complete- practices. The repository shall— Data Inventory for the agency.’’. ness, accuracy, usefulness, and availability of (1) include definitions, regulation and policy, (2) TECHNICAL AND CONFORMING AMEND- open Government data; checklists, and case studies related to open MENT.—The table of sections for subchapter I of ‘‘(D) requires the agency to update the plan data, this Act, and the amendments made by chapter 35 of title 44, United States Code, as at an interval determined by the Director; this Act; and amended by section 5, is amended by inserting ‘‘(E) includes requirements for meeting the (2) facilitate collaboration and the adoption of after the item relating to section 3522 the fol- goals of the agency open data plan including best practices across the Federal Government relating to the adoption of open data practices. lowing: technology, training for employees, and imple- (e) SYSTEMATIC AGENCY REVIEW OF OPER- menting procurement standards, in accordance ‘‘3523. Enterprise data inventory.’’. ATIONS.—Section 305 of title 5, United States with existing law, that allow for the acquisition (b) STANDARDS FOR ENTERPRISE DATA INVEN- Code, is amended— TORY.—Section 3504(a)(1) of title 44, United of innovative solutions from the public and pri- (1) in subsection (b), by adding at the end the States Code, is amended— vate sector; and following: ‘‘To the extent practicable, each ‘‘(F) prohibits the dissemination and acci- (1) in subparagraph (A), by striking ‘‘; and’’ agency shall use existing data to support such dental disclosure of nonpublic data assets.’’; and inserting a semicolon; reviews if the data is accurate and complete.’’; (2) in subparagraph (B)(vi), by striking the (2) in subsection (c), by striking ‘‘With respect (2) in subsection (c)— period at the end and inserting ‘‘; and’’; and to’’ and inserting ‘‘Except as provided under (A) by redesignating paragraphs (2) and (3) as (3) by adding at the end the following: subsection (j), with respect to’’; paragraphs (3) and (4), respectively; and ‘‘(C) issue standards for the Enterprise Data (3) in subsection (d)— (B) by inserting after paragraph (1) the fol- Inventory described in section 3523, including— (A) in the matter preceding paragraph (1), by lowing: ‘‘(i) a requirement that the Enterprise Data striking ‘‘shall’’; ‘‘(2) determining the status of achieving the Inventory include a compilation of metadata (B) in paragraph (1)— mission, goals, and objectives of the agency as about agency data assets; and (i) in the matter preceding subparagraph (A), described in the strategic plan of the agency ‘‘(ii) criteria that the head of each agency by inserting ‘‘shall’’ before ‘‘ensure’’; published pursuant to section 306;’’; and (ii) in subparagraph (A), by striking shall use in determining whether to make a par- (3) by adding at the end the following: ‘‘sources’’ and inserting ‘‘sources and uses’’; ticular data asset publicly available in a man- ‘‘(d) OPEN DATA COMPLIANCE REPORT.—Not and ner that takes into account— later than 1 year after the date of enactment of (iii) in subparagraph (C), by inserting ‘‘, in- ‘‘(I) the expectation of confidentiality associ- this subsection, and every 2 years thereafter, the cluding providing access to open Government ated with an individual data asset; Director of the Office of Management and ‘‘(II) security considerations, including the data online’’ after ‘‘economical manner’’; Budget shall electronically publish a report on (C) in paragraph (2), by inserting ‘‘shall’’ be- risk that information in an individual data agency performance and compliance with the fore ‘‘regularly’’; asset in isolation does not pose a security risk Open, Public, Electronic, and Necessary Gov- (D) in paragraph (3)— ernment Data Act and the amendments made by but when combined with other available infor- (i) by inserting ‘‘shall’’ before ‘‘provide’’; and mation may pose such a risk; that Act.’’. (ii) by striking ‘‘; and’’ and inserting a semi- (f) GAO REPORT.—Not later than 3 years after ‘‘(III) the cost and value to the public of con- colon; verting the data into a manner that could be the date of enactment of this Act, the Comp- (E) in paragraph (4)— troller General of the United States shall submit understood and used by the public; (i) in the matter preceding subparagraph (A), ‘‘(IV) the expectation that all data assets that to the Committee on Homeland Security and by inserting ‘‘may’’ before ‘‘not’’; and Governmental Affairs of the Senate and the would otherwise be made available under sec- (ii) by striking the period at the end and in- tion 552 of title 5 (commonly referred to as the Committee on Oversight and Government Re- serting a semicolon; and form of the House of Representatives a report ‘Freedom of Information Act’) be disclosed; and (F) by adding at the end the following: ‘‘(V) any other considerations that the Direc- that identifies— ‘‘(5) shall take the necessary precautions to (1) the value of information made available to tor determines to be relevant.’’. ensure that the agency maintains the produc- the public as a result of this Act and the amend- (c) FEDERAL AGENCY RESPONSIBILITIES.—Sec- tion and publication of data assets which are tion 3506 of title 44, United States Code, is ments made by this Act; directly related to activities that protect the (2) whether it is valuable to expand the pub- amended— safety of human life or property, as identified licly available information to any other data as- (1) in subsection (b)— by the open data plan of the agency required by sets; and (A) in paragraph (1)(C), by striking ‘‘secu- subsection (b)(6); and (3) the completeness of the Enterprise Data rity;’’ and inserting the following: ‘‘security ‘‘(6) may engage the public in using open Gov- Inventory at each agency required under section by— ernment data and encourage collaboration by— 3523 of title 44, United States Code, as added by ‘‘(i) using open format for any new Govern- ‘‘(A) publishing information on open Govern- this section. ment data asset created or obtained on the date ment data usage in regular, timely intervals, but that is 1 year after the date of enactment of this SEC. 8. TECHNOLOGY PORTAL. not less than annually; (a) AMENDMENT.—Subchapter I of chapter 35 clause; and ‘‘(B) receiving public input regarding prior- ‘‘(ii) to the extent practicable, encouraging of title 44, United States Code, is amended by in- ities for the analysis and disclosure of data asserting after section 3511 the following: the adoption of open form for all open Govern- sets to be published; ‘‘§ 3511A. Technology portal ment data created or obtained before the date of ‘‘(C) assisting civil society groups and mem- enactment of this clause;’’. bers of the public working to expand the use of ‘‘(a) DATA.GOV REQUIRED.—The Administrator (B) in paragraph (4), by striking ‘‘subchapter; open Government data; and of General Services shall maintain a single pub- and’’ and inserting ‘‘subchapter and a review of ‘‘(D) hosting challenges, competitions, events, lic interface online as a point of entry dedicated each agency’s Enterprise Data Inventory de- or other initiatives designed to create additional to sharing open Government data with the pub- scribed in section 3523;’’; value from open Government data.’’; and lic. (C) in paragraph (5), by striking the period at (4) by adding at the end the following: ‘‘(b) COORDINATION WITH AGENCIES.—The Di- the end and inserting ‘‘; and’’; and ‘‘(j) COLLECTION OF INFORMATION EXCEP- rector of the Office of Management and Budget (D) by adding at the end the following: TION.—Notwithstanding subsection (c), an agen- shall determine, after consultation with the ‘‘(6) in consultation with the Director, develop cy is not required to meet the requirements of head of each agency and the Administrator of an open data plan as a part of the requirement paragraphs (2) and (3) of such subsection if— General Services, the method to access any open for a strategic information resources manage- ‘‘(1) the waiver of those requirements is ap- Government data published through the interment plan described in paragraph (2) that, at a proved by the head of the agency; face described in subsection (a).’’. minimum and to the extent practicable— ‘‘(2) the collection of information is— (b) TECHNICAL AND CONFORMING AMEND- ‘‘(A) requires the agency to develop processes ‘‘(A) online and electronic; MENT.—The table of sections for subchapter I of and procedures that— ‘‘(B) voluntary and there is no perceived or chapter 35 of title 44, United States Code, as ‘‘(i) require each new data collection mecha- actual tangible benefit to the provider of the in- amended by this Act, is amended by inserting nism to use an open format; and formation; after the item relating to section 3511 the fol- ‘‘(ii) allow the agency to collaborate with ‘‘(C) of an extremely low burden that is typi- lowing: non-Government entities, researchers, busi- cally completed in 5 minutes or less; and ‘‘3511A. Technology portal.’’.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00204 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.148 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7135 (c) DEADLINE.—Not later than 180 days after search and analysis efforts, including each of There being no objection, the Senate the date of enactment of this Act, the Adminis- the following: proceeded to consider the bill. trator of General Services shall meet the require- (1) A list of the activities and operations of Mr. PORTMAN. Mr. President, I ask the agency that are being evaluated and ana- ments of section 3511A(a) of title 44, United unanimous consent that the bill be States Code, as added by subsection (a). lyzed and the activities and operations that read a third time and passed and the SEC. 9. ENHANCED RESPONSIBILITIES FOR CHIEF have been evaluated and analyzed during the INFORMATION OFFICERS AND CHIEF previous 5 years. motion to reconsider be considered INFORMATION OFFICERS COUNCIL (2) The extent to which the evaluations re- made and laid upon the table. DUTIES. search and analysis efforts and related activities The PRESIDING OFFICER. Without (a) AGENCY CHIEF INFORMATION OFFICER GEN- of the agency support the needs of various divi- objection, it is so ordered. ERAL RESPONSIBILITIES.— sions within the agency. The bill (H.R. 4465) was ordered to a (1) GENERAL RESPONSIBILITIES.—Section (3) The extent to which the evaluation re- third reading, was read the third time, 11315(b) of title 40, United States Code, is search and analysis efforts and related activities amended— of the agency address an appropriate balance and passed. (A) in paragraph (2), by striking ‘‘; and’’ and between needs related to organizational learn- f inserting a semicolon; ing, ongoing program management, performance EMMETT TILL UNSOLVED CIVIL (B) in paragraph (3), by striking the period at management, strategic management, inter- the end and inserting a semicolon; and agency and private sector coordination, internal RIGHTS CRIMES REAUTHORIZA- (C) by adding at the end the following: and external oversight, and accountability. TION ACT OF 2016 ‘‘(4) data asset management, format standard- (4) The extent to which the agency uses meth- Mr. PORTMAN. Mr. President, I ask ization, sharing of data assets, and publication ods and combinations of methods that are ap- that the Chair lay before the Senate of data assets; propriate to agency divisions and the cor- ‘‘(5) the compilation and publication of the responding research questions being addressed, the message to accompany S. 2854. Enterprise Data Inventory for the agency re- including an appropriate combination of forma- The Presiding Officer laid before the quired under section 3523 of title 44; tive and summative evaluation research and Senate the following message from the ‘‘(6) ensuring that agency data conforms with analysis approaches. House of Representatives: open data best practices; (5) The extent to which evaluation and re- Resolved, That the bill from the Senate (S. ‘‘(7) ensuring compliance with the require- search capacity is present within the agency to 2854) entitled ‘‘An Act to reauthorize the ments of subsections (b), (c), (d), and (f) of sec- include personnel, agency process for planning Emmett Till Unsolved Civil Rights Crime tion 3506 of title 44; and implementing evaluation activities, dissemi- Act of 2007.’’, do pass with an amendment. ‘‘(8) engaging agency employees, the public, nating best practices and findings, and incor- and contractors in using open Government data porating employee views and feedback. Mr. PORTMAN. I move to concur in and encourage collaborative approaches to im- (6) The extent to which the agency has the ca- the House amendment and know of no proving data use; pacity to assist front-line staff and program of- further debate on the motion. ‘‘(9) supporting the agency Performance Im- fices to develop the capacity to use evaluation The PRESIDING OFFICER. Is there provement Officer in generating data to support research and analysis approaches and data in further debate? the function of the Performance Improvement the day-to-day operations. If not, the question is on agreeing to Officer described in section 1124(a)(2) of title 31; (c) GAO REVIEW OF AGENCY REPORTS.—Not the motion. ‘‘(10) reviewing the information technology in- later than 4 years after the date of enactment of frastructure of the agency and the impact of this Act, the Comptroller General of the United The motion was agreed to. such infrastructure on making data assets ac- States shall submit to Congress a report that Mr. PORTMAN. I ask unanimous cessible to reduce barriers that inhibit data asset summarizes agency findings and highlights consent that the motion to reconsider accessibility; trends from the reports submitted pursuant to be considered made and laid upon the ‘‘(11) ensuring that, to the extent practicable, subsection (a) and, if appropriate, recommends table. the agency is maximizing its own use of data, actions to further improve agency capacity to The PRESIDING OFFICER. Without including data generated by applications, de- use evaluation techniques and data to support objection, it is so ordered. vices, networks, and equipment owned by the evaluation efforts. f Government and such use is not otherwise pro- SEC. 11. EFFECTIVE DATE. hibited, to reduce costs, improve operations, and This Act, and the amendments made by this NATIONAL URBAN SEARCH AND strengthen security and privacy protections; Act, shall take effect on the date that is 180 RESCUE RESPONSE SYSTEM ACT and days after the date of enactment of this Act. ‘‘(12) identifying points of contact for roles OF 2016 Mr. PORTMAN. Mr. President, I ask and responsibilities related to open data use and Mr. PORTMAN. Mr. President, I ask unanimous consent that the com- implementation as required by the Director of that the Chair lay before the Senate mittee-reported substitute amendment the Office of Management and Budget.’’. the message to accompany S. 2971. (2) ADDITIONAL DEFINITIONS.—Section 11315 of be agreed to; the bill, as amended, be The Presiding Officer laid before the title 40, United States Code, is amended by add- read a third time and passed; and the Senate the following message from the ing at the end the following: motion to reconsider be considered House of Representatives: ‘‘(d) ADDITIONAL DEFINITIONS.—In this sec- made and laid upon the table with no tion, the terms ‘data’, ‘data asset’, ‘Enterprise intervening action or debate. Resolved, That the bill from the Senate (S. Data Inventory’, and ‘open Government data’ 2971) entitled ‘‘An Act to authorize the Na- have the meanings given those terms in section The PRESIDING OFFICER. Without tional Urban Search and Rescue Response 3502 of title 44.’’. objection, it is so ordered. System.’’, do pass with an amendment. (b) AMENDMENT.—Section 3603(f) of title 44, The committee-reported amendment Mr. PORTMAN. I move to concur in United States Code, is amended by adding at the in the nature of a substitute was end the following: agreed to. the House amendment; and I ask unan- ‘‘(8) Work with the Office of Government In- The bill (S. 2852), as amended, was or- imous consent that the motion be formation Services and the Director of the Office dered to be engrossed for a third read- agreed to and the motion to reconsider of Science and Technology Policy to promote ing, was read the third time, and be considered made and laid upon the data interoperability and comparability of data passed. table. assets across the Government.’’. The PRESIDING OFFICER. Without SEC. 10. EVALUATION OF AGENCY ANALYTICAL f objection, it is so ordered. CAPABILITIES. FEDERAL ASSETS SALE AND (a) AGENCY REVIEW OF EVALUATION AND f TRANSFER ACT OF 2016 ANALYSIS CAPABILITIES; REPORT.—Not later NATIONAL AERONAUTICS AND than 3 years after the date of enactment of this Mr. PORTMAN. Mr. President, I ask SPACE ADMINISTRATION TRAN- Act, the Chief Operating Officer of each agency unanimous consent that the Senate SITION AUTHORIZATION ACT OF shall submit to the Committee on Homeland Se- proceed to the immediate consider- 2016 curity and Governmental Affairs of the Senate, ation of Calendar No. 562, H.R. 4465. the Committee on Oversight and Government The PRESIDING OFFICER. The Mr. PORTMAN. Mr. President, I ask Reform of the House of Representatives, and the unanimous consent that the Senate Director of the Office of Management and clerk will report the bill by title. The senior assistant legislative clerk proceed to the immediate consider- Budget a report on the review described in sub- ation of Calendar No. 696, S. 3346. section (b). read as follows: (b) REQUIREMENTS OF AGENCY REVIEW.—The A bill (H.R. 4465) to decrease the deficit by The PRESIDING OFFICER. The report required under subsection (a) shall assess consolidating and selling Federal buildings clerk will report the bill by title. the coverage, quality, methods, effectiveness, and other civilian real property, and for The senior assistant legislative clerk and independence of the agency’s evaluation re- other purposes. read as follows:

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00205 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.148 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7136 CONGRESSIONAL RECORD — SENATE December 9, 2016 A bill (S. 3346) to authorize the programs of Sec. 622. NASA launch capabilities collabora- ration and space science to extend humanity’s the National Aeronautics and Space Admin- tion. reach into deep space, including cis-lunar space, istration, and for other purposes. Sec. 623. Commercial space launch cooperation. the Moon, the surface and moons of Mars, and There being no objection, the Senate Sec. 624. Detection and avoidance of counterfeit beyond; proceeded to consider the bill, which parts. (2) NASA leaders can best leverage invest- Sec. 625. Education and outreach. ments in the United States space program by had been reported from the Committee Sec. 626. Leveraging commercial satellite serv- continuing to develop a balanced portfolio for on Commerce, Science, and Transpor- icing capabilities across mission space exploration and space science, including tation, with an amendment to strike directorates. continued development of the Space Launch all after the enacting clause and insert Sec. 627. Flight opportunities. System, Orion, Commercial Crew Program, Com- in lieu thereof the following: Sec. 628. Sense of Congress on small class mercial Resupply Services Program, the James SECTION 1. SHORT TITLE; TABLE OF CONTENTS. launch missions. Webb Space Telescope, and the ongoing oper- (a) SHORT TITLE.—This Act may be cited as SEC. 2. DEFINITIONS. ations of the ISS; the ‘‘National Aeronautics and Space Admin- In this Act: (3) a national, government-led space program istration Transition Authorization Act of (1) ADMINISTRATION.—The term ‘‘Administra- that builds on current science and exploration 2016’’. tion’’ means the National Aeronautics and programs, advances human knowledge and ca- (b) TABLE OF CONTENTS.—The table of con- Space Administration. pabilities, and opens the frontier beyond Earth tents of this Act is as follows: (2) ADMINISTRATOR.—The term ‘‘Adminis- for ourselves, our international partners, com- Sec. 1. Short title; table of contents. trator’’ means the Administrator of the National mercial enterprise, and science is of critical im- Sec. 2. Definitions. Aeronautics and Space Administration. portance to our national destiny and to a future TITLE I—AUTHORIZATION OF (3) APPROPRIATE COMMITTEES OF CONGRESS.— guided by United States values and freedoms; APPROPRIATIONS The term ‘‘appropriate committees of Congress’’ (4) continuity of purpose and effective execution of core NASA programs are essential for ef- Sec. 101. Fiscal year 2017. means— (A) the Committee on Commerce, Science, and ficient use of resources in pursuit of timely and TITLE II—SUSTAINING NATIONAL SPACE Transportation of the Senate; and tangible accomplishments; COMMITMENTS (B) the Committee on Science, Space, and (5) NASA could improve its efficiency and ef- Sec. 201. Sense of Congress on sustaining na- Technology of the House of Representatives. fectiveness by working with industry to stream- tional space commitments. (4) CIS-LUNAR SPACE.—The term ‘‘cis-lunar line existing programs and requirements, pro- Sec. 202. Findings. space’’ means the region of space from the Earth curement practices, institutional footprint, and TITLE III—MAXIMIZING UTILIZATION OF out to and including the region around the sur- bureaucracy while preserving effective program THE ISS AND LOW-EARTH ORBIT face of the Moon. oversight, accountability, and safety; Sec. 301. Operation of the ISS. (5) DEEP SPACE.—The term ‘‘deep space’’ (6) United States government astronauts Sec. 302. Transportation to ISS. means the region of space beyond low-Earth changed the trajectory of human history toward Sec. 303. ISS transition plan. orbit, to include cis-lunar space. the promise of the stars, and it is imperative Sec. 304. Indemnification; NASA launch serv- (6) GOVERNMENT ASTRONAUT.—The term ‘‘gov- that the United States maintain and enhance its ices and reentry services. ernment astronaut’’ has the meaning given the leadership in space exploration and continue to TITLE IV—ADVANCING HUMAN DEEP term in section 50902 of title 51, United States expand freedom and opportunities in space for SPACE EXPLORATION Code. all Americans that are consistent with the Con- Subtitle A—Human Exploration Goals and (7) ISS.—The term ‘‘ISS’’ means the Inter- stitution of the United States; and Objectives national Space Station. (7) NASA is and should remain a multimission agency with a balanced and robust set of core Sec. 411. Human exploration long-term goals. (8) ISS MANAGEMENT ENTITY.—The term ‘‘ISS Sec. 412. Goals and objectives. management entity’’ means the organization missions in science, space technology, aero- Sec. 413. Vision for space exploration. with which the Administrator has a cooperative nautics, human space flight and exploration, Sec. 414. Exploration plan and programs. agreement under section 504(a) of the National and education. Sec. 415. Stepping stone approach to explo- Aeronautics and Space Administration Author- SEC. 202. FINDINGS. ration. ization Act of 2010 (42 U.S.C. 18354(a)). Congress makes the following findings: Subtitle B—Assuring Core Capabilities for (9) NASA.—The term ‘‘NASA’’ means the Na- (1) Challenges of the past, such as the can- Exploration tional Aeronautics and Space Administration. cellation of major programs, have disrupted Sec. 421. Space Launch System and Orion. (10) ORION.—The term ‘‘Orion’’ means the completion of major space systems thereby— multipurpose crew vehicle described under sec- Subtitle C—Journey to Mars (A) impeding planning and pursuit of nation 303 of the National Aeronautics and Space tional objectives in human space exploration; Sec. 431. Space technology infusion. Administration Authorization Act of 2010 (42 (B) placing the Nation’s investment in space Sec. 432. Findings on human space exploration. U.S.C. 18323). exploration at risk; and Sec. 433. Strategic framework for human (11) SPACE LAUNCH SYSTEM.—The term ‘‘Space (C) degrading the aerospace industrial base. spaceflight and exploration. Launch System’’ has the meaning given the Sec. 434. Advanced space suit capability. (2) The National Aeronautics and Space Ad- Sec. 435. Asteroid robotic redirect mission. term in section 3 of the National Aeronautics ministration Authorization Act of 2010 (42 and Space Administration Authorization Act of U.S.C. 18301 et seq.) reflects a broad, bipartisan Subtitle D—Scott Kelly Human Spaceflight and 2010 (42 U.S.C. 18302). agreement on the path forward for NASA’s core Exploration Act TITLE I—AUTHORIZATION OF missions in science, space technology, aero- Sec. 441. Short title. APPROPRIATIONS nautics, human space flight and exploration, Sec. 442. Findings; sense of Congress. and education, which serves as the foundation Sec. 443. Medical monitoring and research re- SEC. 101. FISCAL YEAR 2017. for the policy updates by this Act. lating to human space flight. There are authorized to be appropriated to (3) Sustaining the investment and maximizing NASA for fiscal year 2017, $19,508,000,000, as fol- TITLE V—ADVANCING SPACE SCIENCE utilization of the ISS and ISS National Labora- lows: Sec. 501. Maintaining a balanced space science tory with our international and industry part- (1) For Exploration, $4,532,000,000. portfolio. ners is— (2) For Space Operations, $4,950,700,000. Sec. 502. Planetary science. (A) consistent with the goals and objectives of (3) For Science, $5,395,000,000. Sec. 503. James Webb Space Telescope. the United States space program; and (4) For Aeronautics, $601,000,000. Sec. 504. Sense of Congress on Wide-Field In- (B) imperative to continuing United States (5) For Space Technology, $686,500,000. frared Survey Telescope. global leadership in human space exploration, Sec. 505. Sense of Congress on Mars 2020 rover. (6) For Education, $108,000,000. science, research, technology development, and Sec. 506. Europa. (7) For Safety, Security, and Mission Services, education opportunities that contribute to de- $2,796,700,000. TITLE VI—MAXIMIZING EFFICIENCY velopment of the next generation of American (8) For Construction and Environmental Com- Subtitle A—Agency Information Technology scientists, engineers, and leaders, and to cre- pliance and Restoration, $400,000,000. and Cybersecurity ating the opportunity for economic development (9) For Inspector General, $38,100,000. Sec. 611. Information technology governance. of low-Earth orbit. Sec. 612. Information technology strategic plan. TITLE II—SUSTAINING NATIONAL SPACE (4) NASA has made measurable progress in de- Sec. 613. Cybersecurity. COMMITMENTS velopment and testing of the Space Launch Sys- Sec. 614. Oversight implementation progress. SEC. 201. SENSE OF CONGRESS ON SUSTAINING tem and Orion exploration systems with the Sec. 615. Software oversight. NATIONAL SPACE COMMITMENTS. near-term objectives of the initial integrated test Sec. 616. Security management of foreign na- It is the sense of Congress that— flight and launch in 2018, a human mission in tional access. (1) the United States, in collaboration with its 2021, and continued missions with an annual Sec. 617. Cybersecurity of web applications. international, academic, and industry partners, cadence in cis-lunar space and eventually to the Subtitle B—Collaboration Among Mission should sustain and build upon our national surface of Mars. Directorates and Other Matters space commitments and investments across Ad- (5) The Commercial Crew Program is on Sec. 621. Collaboration among mission direc- ministrations with a continuity of purpose to schedule to reestablish the capability to launch torates. advance recent achievements of space explo- United States government astronauts from

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00206 Fmt 4637 Sfmt 6333 E:\CR\FM\G09DE6.157 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7137 United States soil into low-Earth orbit by the (4) the 21st Century Launch Complex Program ‘‘(E) an evaluation of the feasible and pre- end of 2018. has enabled significant modernization and in- ferred service life of the ISS beyond the period (6) The Aerospace Safety Advisory Panel, in frastructure improvements at launch sites across described in section 503 of the National Aero- its 2015 Annual Report, urged continuity of pur- the United States to support NASA’s Commercial nautics and Space Administration Authoriza- pose noting concerns over the potential for cost Resupply Services Program and other civil and tion Act of 2010 (42 U.S.C. 18353), through at overruns and schedule slips that could accom- commercial space flight missions; and least 2028, as a unique scientific, commercial, pany significant changes to core NASA pro- (5) the 21st Century Launch Complex Program and exploration-related facility, including— grams. should be continued in a manner that leverages ‘‘(i) a general discussion of international part- TITLE III—MAXIMIZING UTILIZATION OF State and private investments to achieve the ner capabilities and prospects for extending the THE ISS AND LOW-EARTH ORBIT goals of the program. partnership, to include the potential for partici- SEC. 301. OPERATION OF THE ISS. (b) UNITED STATES POLICY.—It is the policy of pation by additional countries, for the purposes (a) SENSE OF CONGRESS.—It is the sense of the United States that, to foster the competitive of the human development and exploration of Congress that— development, operation, improvement and com- deep space; (1) after 15 years of continuous human pres- mercial availability of space transportation ‘‘(ii) a review of essential systems, equipment ence in low-Earth orbit, the ISS continues to services, services for Federal Government access upgrades, or potential maintenance that would overcome challenges and operate safely; to and return from the ISS, whenever prac- be necessary to extend ISS operations and utili- (2) expansion of partnerships, scientific re- ticable, shall be procured via fair and open com- zation; search, commercial applications, and explo- petition for well-defined, milestone-based, Fed- ‘‘(iii) an evaluation of the cost and schedule ration testbed capabilities of the ISS is essential eral Acquisition Regulation-based contracts requirements associated with the development to ensuring the greatest return on investments under section 201(a) of the National Aeronautics and delivery of essential systems, equipment up- made by the United States and its international and Space Administration Authorization Act of grades, or potential maintenance identified space partners in the development, assembly, 2010 (42 U.S.C. 18311(a)). under clause (ii); and operations of that unique facility; (c) COMMERCIAL CARGO PROGRAM.—Section ‘‘(iv) an identification of possible inter- (3) a stable and successful Commercial Resup- 401 of the National Aeronautics and Space Ad- national, academic, or industry partner con- ply Services Program and Commercial Crew Pro- ministration Authorization Act of 2010 (42 tributions, cost-share, and program transitions gram are critical to ensuring timely provisioning U.S.C. 18341) is amended by striking ‘‘Commer- to provide the upgrades identified under clause of the ISS and to reestablishing the capability to cial Orbital Transportation Services’’ and in- (ii); launch United States government astronauts serting ‘‘Commercial Resupply Services’’. ‘‘(v) impacts on the goals and objectives of the from United States soil into low-Earth orbit; (d) CREW SAFETY.—The Administrator shall ISS National Laboratory and the management (4) sustaining United States leadership and protect the safety of United States crews by en- entity responsible for operation of the ISS Na- progress in human space exploration is enabled suring commercial crew systems meet all appli- tional Laboratory; in part by continuing utilization of the ISS— cable human rating requirements in accordance ‘‘(vi) impacts on services provided by the Com- (A) to facilitate the commercialization and with section 403(b)(1) of the National Aero- mercial Resupply Services Program and Com- economic development of low-Earth orbit; nautics and Space Administration Authoriza- mercial Crew Program to the ISS; (B) to serve as a testbed for technologies, and tion Act of 2010 (42 U.S.C. 18342(b)(1)). ‘‘(vii) impacts on the use of the ISS as a to conduct scientific research and development; SEC. 303. ISS TRANSITION PLAN. testbed to transition functions of the ISS to the and commercial space sector and enhance economic (C) as an orbital facility enabling research (a) FINDINGS.—Congress finds that NASA has development of low-Earth orbit, including the upon— been both the primary supplier and consumer of (i) the health, well-being, and performance of human space flight capabilities and services of evolution of self-sustaining commercial activi- humans in space; and the ISS and in low-Earth orbit. ties; (ii) the development of in-space systems ena- (b) SENSE OF CONGRESS.—It is the sense of ‘‘(viii) an assessment on the technical limiting bling human space exploration beyond low- Congress that an orderly transition is needed for factors of the ISS lifetime, including a list of Earth orbit; United States human space flight activities in critical components and their expected lifetime (5) the Administrator should continue to sup- low-Earth orbit from the current regime, that re- and availability; port the development of the Commercial Crew lies heavily on NASA sponsorship, to a regime ‘‘(ix) an evaluation of the potential for ex- Program as planned to end reliance upon Rus- where NASA is one of many customers of a low- panding the use of ISS facilities to accommodate sian transport of United States government as- Earth orbit commercial human space flight en- the needs of researchers and other users, includ- tronauts to the ISS which has not been possible terprise. ing changes to policies, regulations, and laws since the retirement of the Space Shuttle pro- (c) REPORTS.—Section 50111 of title 51, United that would stimulate greater private and public gram in 2011; and States Code, is amended by adding at the end involvement on the ISS; and (6) the ISS should continue to provide a plat- the following: ‘‘(x) such other information as may be nec- form for fundamental, microgravity, discovery- ‘‘(c) ISS TRANSITION PLAN.— essary to fully describe the justification for and based space life and physical sciences research ‘‘(1) IN GENERAL.—The Administrator, in co- feasibility of extending the service life of the that is critical for enabling space exploration, ordination with the ISS management entity, ISS ISS, including the potential scientific or techno- protecting humans in space, increasing path- partners, the scientific user community, and the logical benefits to the Federal Government, pub- ways for commercial space development that de- commercial space sector, shall develop a plan to lic, or to academic or commercial entities; pend on advances in basic research, and con- transition in a step-wise approach from the cur- ‘‘(F) an evaluation of the functions, roles, tribute to advancing science, technology, engi- rent regime that relies heavily on NASA spon- and responsibilities for management and oper- neering, and mathematics research. sorship to a regime where NASA is one of many ation of the ISS and a determination of— (b) CONTINUATION OF THE ISS.—Congress reaf- customers of a low-Earth orbit commercial ‘‘(i) those functions, roles, and responsibilities firms the policy set forth in section 501 of the human space flight enterprise. the Federal Government should retain during National Aeronautics and Space Administration ‘‘(2) REPORTS.—Not later than December 1, the lifecycle of the ISS; Authorization Act of 2010 (42 U.S.C. 18351) that 2017, and triennially thereafter until 2023, the ‘‘(ii) those functions, roles, and responsibil- it shall be the policy of the United States, in Administrator shall submit to the appropriate ities that could be transferred to the commercial consultation with its international partners in committees of Congress a report that includes— space sector; the ISS program, to support full and complete ‘‘(A) an identification of low-Earth orbit ca- ‘‘(iii) the metrics that would indicate the com- utilization of the ISS through at least 2024. pabilities necessary to meet the Administration’s mercial space sector’s readiness and ability to SEC. 302. TRANSPORTATION TO ISS. deep space human space flight exploration ob- assume the functions, roles, and responsibilities (a) SENSE OF CONGRESS ON COMMERCIAL CREW jectives and mission requirements beyond the pe- described in clause (ii); and PROGRAM AND COMMERCIAL RESUPPLY SERVICES riod of operation and utilization of the ISS de- ‘‘(iv) any necessary changes to any agree- PROGRAM.—It is the sense of Congress that— scribed in section 503 of the National Aero- ments or other documents and the law to enable (1) NASA should build upon the success of the nautics and Space Administration Authoriza- the activities described in subparagraphs (B) Commercial Orbital Transportation Services and tion Act of 2010 (42 U.S.C. 18353), if any; and (C); and Commercial Resupply Services programs that ‘‘(B) steps NASA is taking and will take, in- ‘‘(G) a description of the progress on meeting have allowed private sector companies to part- cluding demonstrations that could be conducted human exploration research objectives on ISS ner with NASA to deliver cargo and scientific on the ISS, to stimulate and facilitate commer- and prospects for accomplishing future explo- experiments to the ISS since 2012; cial demand and supply of products and services ration and other research objectives on future (2) once certified to meet NASA’s safety and in low-Earth orbit; commercially supplied low-Earth orbit platforms reliability requirements and fully operational to ‘‘(C) an assessment of current and projected or migration of those objectives to cis-lunar meet ISS crew transfer needs, the Commercial commercial activities in low-Earth orbit, includ- space. Crew Program transportation systems should ing on the ISS, and their potential for meeting ‘‘(3) DEMONSTRATIONS.—Demonstrations iden- serve as the primary means of transporting the capabilities identified in subparagraph (A); tified under paragraph (2) may— United States government astronauts and inter- ‘‘(D) an identification of barriers preventing ‘‘(A) test the capabilities described in para- national partner astronauts from United States the commercialization of low-Earth orbit, in- graph (2)(A); and soil to and from the ISS; cluding issues relating to policy, regulations, ‘‘(B) demonstrate or test capabilities, includ- (3) Commercial Crew Program transportation commercial intellectual property, data, and con- ing commercial modules or deep space habitats, systems should have the capability of serving as fidentiality, that could inhibit the use of the ISS Environmental Control and Life Support Sys- ISS emergency crew rescue vehicles; as a commercial incubator; tems, orbital satellite assembly, exploration

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00207 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.145 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7138 CONGRESSIONAL RECORD — SENATE December 9, 2016

space suits, a node that enables a wide variety ‘‘(C) Related entities of the Government. ‘‘(5) RELATED ENTITY.—The term ‘related enti- of activity, including multiple commercial mod- ‘‘(D) Related entities of the provider. ty’ means a contractor or subcontractor. ules and airlocks, additional docking or berth- ‘‘(E) Government astronauts. ‘‘(6) THIRD PARTY.—The term ‘third party’ ing ports for commercial crew and cargo, oppor- ‘‘(d) NO INDEMNIFICATION WITHOUT CROSS- means a person except— tunities for the commercial space sector to cost WAIVER.—Notwithstanding subsection (a), the ‘‘(A) the United States Government; share for transportation and other services on Administrator may not indemnify a provider ‘‘(B) related entities of the Government in- the ISS, and other commercial activities.’’. under this section unless there is a cross-waiver volved in launch services or reentry services; between the Administration and the provider as SEC. 304. INDEMNIFICATION; NASA LAUNCH ‘‘(C) a provider; SERVICES AND REENTRY SERVICES. described in subsection (e). ‘‘(D) related entities of the provider involved ‘‘(e) CROSS-WAIVERS.— in launch services or reentry services; or (a) IN GENERAL.—Subchapter III of chapter ‘‘(1) IN GENERAL.—The Administrator, on be- ‘‘(E) a government astronaut.’’. 201 of title 51, United States Code, is amended half of the United States and its departments, (b) CONFORMING AMENDMENT.—The table of by adding at the end the following: agencies, and instrumentalities, shall recip- contents for subchapter III of chapter 201 of ‘‘§ 20148. Indemnification; NASA launch serv- rocally waive claims with a provider under title 51, United States Code, is amended by in- ices and reentry services which each party to the waiver agrees to be re- serting after the item relating to section 20147 sponsible, and agrees to ensure that its related ‘‘(a) IN GENERAL.—Under such regulations in the following: conformity with this section as the Adminis- entities are responsible, for damage or loss to its trator shall prescribe taking into account the property, or for losses resulting from any injury ‘‘20148. Indemnification; NASA launch services availability, cost, and terms of liability insur- or death sustained by its employees or agents, as and reentry services.’’. ance, any contract between the Administration a result of activities arising out of the perform- TITLE IV—ADVANCING HUMAN DEEP and a provider may provide that the United ance of the contract. SPACE EXPLORATION ‘‘(2) LIMITATION.—The waiver made by the States will indemnify the provider against suc- Subtitle A—Human Exploration Goals and Government under paragraph (1) shall apply cessful claims (including reasonable expenses of Objectives only to the extent that the claims are more than litigation or settlement) by third parties for SEC. 411. HUMAN EXPLORATION LONG-TERM death, bodily injury, or loss of or damage to the amount of insurance or demonstration of financial responsibility required under subsection GOALS. property resulting from launch services and re- Section 202(a) of the National Aeronautics entry services carried out under the contract (c)(1)(B). ‘‘(f) WILLFUL MISCONDUCT.—Indemnification and Space Administration Authorization Act of that the contract defines as unusually haz- under subsection (a) may exclude claims result- 2010 (42 U.S.C. 18312(a)) is amended to read as ardous or nuclear in nature, but only to the ex- ing from the willful misconduct of the provider follows: tent the total amount of successful claims re- or its related entities. ‘‘(a) LONG-TERM GOALS.—The long-term goals lated to the activities under the contract— ‘‘(g) CERTIFICATION OF JUST AND REASONABLE of the human space flight and exploration ef- ‘‘(1) is more than the amount of insurance or AMOUNT.—No payment may be made under sub- forts of NASA shall be— demonstration of financial responsibility de- section (a) unless the Administrator or the Ad- ‘‘(1) to expand permanent human presence be- scribed in subsection (c)(3); and ministrator’s designee certifies that the amount yond low-Earth orbit and to do so, where prac- ‘‘(2) is not more than the amount specified in is just and reasonable. tical, in a manner involving international, aca- section 50915(a)(1)(B). ‘‘(h) PAYMENTS.— demic, and industry partners; and ‘‘(b) TERMS OF INDEMNIFICATION.—A contract ‘‘(1) IN GENERAL.—Upon the approval by the ‘‘(2) the peaceful settlement of a location in made under subsection (a) that provides indem- Administrator, payments under subsection (a) space or on another celestial body and a thriv- nification shall provide for— may be made from funds appropriated for such ing space economy in the 21st century.’’. ‘‘(1) notice to the United States of any claim payments. SEC. 412. GOALS AND OBJECTIVES. or suit against the provider for death, bodily in- ‘‘(2) LIMITATION.—The Administrator shall jury, or loss of or damage to property; and not approve payments under paragraph (1), ex- Section 202(b) of the National Aeronautics ‘‘(2) control of or assistance in the defense by cept to the extent provided in an appropriation and Space Administration Authorization Act of the United States, at its election, of that claim law or to the extent additional legislative au- 2010 (42 U.S.C. 18312(b)) is amended— or suit and approval of any settlement. thority is enacted providing for such payments. (1) in paragraph (3), by striking ‘‘; and’’ and ‘‘(c) LIABILITY INSURANCE OF THE PRO- ‘‘(3) ADDITIONAL APPROPRIATIONS.—If the Ad- inserting a semicolon; VIDER.— ministrator requests additional appropriations (2) in paragraph (4), by striking the period at ‘‘(1) IN GENERAL.—The provider under sub- to make payments under this subsection, then the end and inserting ‘‘; and’’; and section (a) shall obtain liability insurance or the request for those appropriations shall be (3) by adding at the end the following: demonstrate financial responsibility in amounts made in accordance with the procedures estab- ‘‘(5) to achieve human exploration of Mars, to compensate for the maximum probable loss lished under section 50915. including the establishment of a capability to from claims by— ‘‘(i) RULES OF CONSTRUCTION.— extend human presence, including potential ‘‘(A) a third party for death, bodily injury, or ‘‘(1) IN GENERAL.—The authority to indemnify human habitation, on the surface of Mars.’’. property damage or loss resulting from a launch under this section shall not create any rights in SEC. 413. VISION FOR SPACE EXPLORATION. service or reentry service carried out under the third persons that would not otherwise exist by Section 20302 of title 51, United States Code, is contract; and law. amended— ‘‘(B) the United States Government for dam- ‘‘(2) OTHER AUTHORITY.—Nothing in this sec- (1) in subsection (a), by inserting ‘‘in cis- age or loss to Government property resulting tion may be construed as prohibiting the Admin- lunar space or’’ after ‘‘sustained human pres- from a launch service or reentry service carried istrator from indemnifying a provider or any ence’’; and out under the contract. other NASA contractor under other law, includ- (2) by amending subsection (b) to read as fol- ‘‘(2) MAXIMUM PROBABLE LOSSES.— ing under Public Law 85–804 (50 U.S.C. 1431 et lows: ‘‘(A) IN GENERAL.—The Administrator shall seq.). ‘‘(b) FUTURE EXPLORATION OF MARS.—The determine the maximum probable losses under ‘‘(3) ANTI-DEFICIENCY ACT.—Notwithstanding Administrator shall manage human space flight subparagraphs (A) and (B) of paragraph (1) not any other provision of this section— programs, including the Space Launch System later than 90 days after the date that the pro- ‘‘(A) all obligations under this section are sub- and Orion, to enable humans to explore Mars vider requests such a determination and submits ject to the availability of funds; and and other destinations by defining a series of ‘‘(B) nothing in this section may be construed all information the Administrator requires. sustainable steps and conducting mission plan- to require obligation or payment of funds in vio- ‘‘(B) REVISIONS.—The Administrator may re- ning, research, and technology development on lation of sections 1341, 1342, 1349 through 1351, vise a determination under subparagraph (A) of a timetable that is technically and fiscally pos- and 1511 through 1519 of title 31, United States this paragraph if the Administrator determines sible, consistent with section 70504.’’. Code (commonly referred to as the ‘Anti-Defi- the revision is warranted based on new informa- ciency Act’). SEC. 414. EXPLORATION PLAN AND PROGRAMS. tion. ‘‘(j) RELATIONSHIP TO OTHER LAWS.—The Ad- Section 70502(2) of title 51, United States Code, ‘‘(3) AMOUNT OF INSURANCE.—For the total ministrator may not provide indemnification is amended to read as follows: claims related to one launch or reentry, a pro- under this section for an activity that requires ‘‘(2) implement an exploration research and vider shall not be required to obtain insurance a license or permit under chapter 509. technology development program to enable or demonstrate financial responsibility of more ‘‘(k) DEFINITIONS.—In this section: human and robotic operations consistent with than— ‘‘(1) GOVERNMENT ASTRONAUT.—The term section 20302(b) of this title;’’. ‘‘(A)(i) $500,000,000 under paragraph (1)(A); or ‘government astronaut’ has the meaning given SEC. 415. STEPPING STONE APPROACH TO EXPLO- ‘‘(ii) $100,000,000 under paragraph (1)(B); or the term in section 50902. RATION. ‘‘(B) the maximum liability insurance avail- ‘‘(2) LAUNCH SERVICES.—The term ‘launch Section 70504 of title 51, United States Code, is able on the world market at reasonable cost. services’ has the meaning given the term in sec- amended to read as follows: ‘‘(4) COVERAGE.—An insurance policy or dem- tion 50902. onstration of financial responsibility under this ‘‘(3) PROVIDER.—The term ‘provider’ means a ‘‘§ 70504. Stepping stone approach to explo- subsection shall protect the following, to the ex- person that provides domestic launch services or ration tent of their potential liability for involvement domestic reentry services to the Government. ‘‘(a) IN GENERAL.—In order to maximize the in launch services or reentry services: ‘‘(4) REENTRY SERVICES.—The term ‘reentry cost-effectiveness of the long-term exploration ‘‘(A) The Government. services’ has the meaning given the term in sec- and utilization activities of the United States, ‘‘(B) Personnel of the Government. tion 50902. the Administrator shall take all necessary steps,

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00208 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.145 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7139 including engaging international, academic, Subtitle C—Journey to Mars sions to Mars in the 2030s requires early plan- and industry partners, to ensure that activities SEC. 431. SPACE TECHNOLOGY INFUSION. ning and timely decisions to be made in the in the Administration’s human exploration pro- (a) SENSE OF CONGRESS.—It is the sense of near-term on the necessary courses of action for gram balance how those activities might also Congress that advancing propulsion technology commitments to achieve short-term and long- help meet the requirements of future exploration would improve the efficiency of trips to Mars term goals and objectives; and utilization activities leading to human hab- and could shorten travel time to Mars, reduce (2) for strong and sustained United States itation on the surface of Mars. astronaut health risks, and reduce radiation ex- leadership, a need exists to advance a strategic ‘‘(b) COMPLETION.—Within budgetary consid- posure, consumables, and mass of materials re- framework, addressing exploration objectives in erations, once an exploration-related project en- quired for the journey. collaboration with international, academic, and ters its development phase, the Administrator (b) POLICY.—It is the policy of the United industry partners; shall seek, to the maximum extent practicable, States that the Administrator shall develop tech- (3) an approach that incrementally advances to complete that project without undue nologies to support the Administration’s core toward a long-term goal is one in which nearer- delays.’’. missions, as described in section 2(3) of the Na- term developments and implementation would tional Aeronautics and Space Administration influence future development and implementa- Subtitle B—Assuring Core Capabilities for tion; and Exploration Authorization Act of 2010 (42 U.S.C. 18301(3)), and support sustained investments in early (4) a strategic framework should begin with SEC. 421. SPACE LAUNCH SYSTEM AND ORION. stage innovation, fundamental research, and low-Earth orbit, then address progress beyond (a) FINDINGS.—Congress makes the following technologies to expand the boundaries of the low-Earth orbit to cis-lunar space in greater de- findings: national aerospace enterprise. tail, and then address future missions ultimately (1) NASA has made steady progress in devel- (c) PROPULSION TECHNOLOGIES.—A goal of aimed at human arrival and activities on or oping and testing the Space Launch System and propulsion technologies developed under sub- near Mars. section (b) shall be to significantly reduce (b) STRATEGIC FRAMEWORK.— Orion exploration systems with the successful (1) IN GENERAL.—The Administrator shall de- human travel time to Mars. Exploration Flight Test of Orion in December of velop a strategic framework, including a critical 2014, the final qualification test firing of the 5- SEC. 432. FINDINGS ON HUMAN SPACE EXPLO- decision plan, to expand human presence be- RATION. segment Space Launch System boosters in June yond low-Earth orbit, including to cis-lunar Congress makes the following findings: 2016, and a full thrust, full duration test firing space, the moons of Mars, the surface of Mars, of the RS–25 Space Launch System core stage (1) In accordance with section 204 of the Na- tional Aeronautics and Space Administration and beyond. engine in August 2016. (2) SCOPE.—The strategic framework shall in- Authorization Act of 2010 (124 Stat. 2813), the (2) Through the 21st Century Launch Complex clude— program and Exploration Ground Systems pro- National Academies of Sciences, Engineering, (A) an integrated set of exploration, science, grams, NASA has made significant progress in and Medicine, through its Committee on Human and other goals and objectives of a United transforming exploration ground systems infra- Spaceflight, conducted a review of the goals, States human space exploration program with structure to meet NASA’s mission requirements core capabilities, and direction of human space the long-term goal of human missions near to or for the Space Launch System and Orion and to flight, and published the findings and recon the surface of Mars in the 2030s; modernize NASA’s launch complexes to the ben- ommendations in a 2014 report entitled, ‘‘Path- (B) opportunities for international, academic, efit of the civil, defense, and commercial space ways to Exploration: Rationales and Ap- and industry partnerships for exploration-re- sectors. proaches for a U.S. Program of Human Space lated systems, services, research, and technology Exploration’’. (b) SENSE OF CONGRESS ON SPACE LAUNCH SYS- if those opportunities provide cost-savings, ac- (2) The Committee on Human Spaceflight in- TEM, ORION, AND EXPLORATION GROUND SYS- celerate program schedules, or otherwise benefit cluded leaders from the aerospace, scientific, se- TEMS.—It is the sense of Congress that— the exploration objectives developed under sub- curity, and policy communities. (1) as the United States works to send humans paragraph (A); (3) With input from the public, the Committee (C) precursor missions in cis-lunar space and on a series of missions on or near Mars in the on Human Spaceflight concluded that many 2030s, the United States national space program other missions or activities necessary to meet the practical and aspirational rationales for human exploration objectives developed under subpara- should continue to make progress on its commit- space flight together constitute a compelling ment by fully developing the Space Launch Sys- graph (A), including anticipated timelines and case for continued national investment and pur- missions for the Space Launch System and tem, Orion, and related Exploration Ground suit of human space exploration toward the ho- Systems; Orion; rizon goal of Mars. (D) capabilities and technologies, including (2) using the Space Launch System and Orion (4) According to the Committee on Human the Space Launch System, Orion, a deep space for a wide range of contemplated missions will Spaceflight, the rationales include economic habitat, and other capabilities, that enable the facilitate the national defense, science, and ex- benefits, national security, national prestige, in- exploration objectives developed under subpara- ploration objectives of the United States; and spiring students and other citizens, scientific graph (A); (3) the United States should have continuity discovery, human survival, and a sense of (E) a description of how cis-lunar elements, of purpose for Space Launch System and Orion shared destiny. objectives, and activities advance the human ex- in deep space exploration missions, using them (5) The Committee on Human Spaceflight af- ploration of Mars; beginning with the uncrewed mission, EM–1, firmed that Mars is the appropriate long-term (F) an assessment of potential human health planned for 2018, followed by the crewed mis- goal for the human space flight program. and other risks, including radiation exposure; sion, EM–2, in cis-lunar space planned for 2021, (6) The Committee on Human Spaceflight rec- and and for subsequent missions beginning with ommended that NASA define a series of sustain- (G) mitigation plans, whenever possible, to ad- EM–3 extending into cis-lunar space and even- able steps and conduct mission planning and dress the risks identified in subparagraph (F). tually to Mars. technology development as needed to achieve (3) CONSIDERATIONS.—In developing the stra- (c) IN GENERAL.— the long-term goal of placing humans on the tegic framework, the Administrator shall con- (1) EXPLORATION MISSIONS.—The Adminis- surface of Mars. sider— trator shall continue development of— (7) Expanding human presence beyond low- (A) using key exploration capabilities, namely Earth orbit and advancing toward human mis- (A) an uncrewed exploration mission to dem- the Space Launch System and Orion; sions to Mars requires early planning and time- onstrate the capability of both the Space (B) using existing commercially available ly decisions to be made in the near-term on the Launch System and Orion as an integrated sys- technologies and capabilities or those tech- necessary courses of action for commitments to tem by 2018; nologies and capabilities being developed by in- achieve short-term and long-term goals and ob- dustry for commercial purposes; (B) a crewed exploration mission to dem- jectives. (C) an organizational approach to ensure col- onstrate the Space Launch System, including (8) In addition to the 2014 report described in laboration and coordination among NASA’s the Core Stage and Exploration Upper Stages, paragraph (1), there are several independently Mission Directorates under section 621, when and the crewed Orion mission by 2021; developed reports or concepts that describe po- appropriate, including to collect and return to (C) subsequent missions beginning with EM–3 tential Mars architectures or concepts and iden- Earth a sample from the Martian surface; using the Space Launch System and Orion to tify Mars as the long-term goal for human space (D) building upon the initial uncrewed mis- extend into cis-lunar space and eventually to exploration, including NASA’s ‘‘The Global Ex- sion, EM–1, and first crewed mission, EM–2, of Mars; and ploration Roadmap’’ of 2013, ‘‘NASA’s Journey the Space Launch System and Orion to establish (D) a deep space habitat as the next element to Mars–Pioneering Next Steps in Space Explo- a sustainable cadence of missions extending in a deep space exploration architecture along ration’’ of 2015, NASA Jet Propulsion Labora- human exploration missions into cis-lunar with the Space Launch System and Orion. tory’s ‘‘Minimal Architecture for Human Jour- space, including anticipated timelines and mile- (2) OTHER USES.—The Administrator shall as- neys to Mars’’ of 2015, and Explore Mars’ ‘‘The stones; sess the utility of the Space Launch System for Humans to Mars Report 2016’’. (E) developing the precursor missions and ac- use by the science community and for other Fed- SEC. 433. STRATEGIC FRAMEWORK FOR HUMAN tivities that will demonstrate, test, and develop eral Government launch needs, including con- SPACEFLIGHT AND EXPLORATION. key technologies and capabilities essential for sideration of overall cost and schedule savings (a) SENSE OF CONGRESS.—It is the sense of achieving human missions to Mars, including from reduced transit times and increased science Congress that— long-duration human operations beyond low- returns enabled by the unique capabilities of the (1) expanding human presence beyond low- Earth orbit, space suits, solar electric propul- Space Launch System. Earth orbit and advancing toward human mission, deep space habitats, environmental control

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00209 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.145 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7140 CONGRESSIONAL RECORD — SENATE December 9, 2016 life support systems, Mars lander and ascent ve- (B) determined that a solar electric propulsion spaceflight missions they may experience in- hicle, entry, descent, landing, ascent, Mars sur- mission will contribute more directly to the goal creased health risks, such as vision impairment, face systems, and in-situ resource utilization; of sending humans to Mars if the mission is fo- bone demineralization, and behavioral health (F) demonstrating and testing 1 or more habi- cused entirely on development and validation of and performance risks, and may be exposed to tat modules in cis-lunar space to prepare for the solar electric propulsion stage; and galactic cosmic radiation. Exposure to high lev- Mars missions; (C) determined that other possible motivations els of radiation and microgravity can result in (G) using public-private, firm fixed-price part- for acquiring and maneuvering a boulder, such acute and long-term health consequences that nerships, where practicable; as asteroid science and planetary defense, do can increase the risk of cancer and tissue degen- (H) collaborating with international, aca- not have value commensurate with their prob- eration and have potential effects on the mus- demic, and industry partners, when appro- able cost. culoskeletal system, central nervous system, car- priate; (5) The Asteroid Robotic Redirect Mission is diovascular system, immune function, and vi- (I) risks to human health and sensitive on- competing for resources with other critical ex- sion. board technologies, including radiation expo- ploration development programs, including the (3) To advance the goal of long-duration and sure; Space Launch System, Orion, commercial crew, exploration spaceflight missions, United States (J) evaluating the risks identified through re- and a habitation module. government astronaut Scott Kelly participated search outcomes under the NASA Human Re- (6) In 2014, the NASA Advisory Council rec- in a 1-year twins study in space while his iden- search Program’s Behavioral Health Element; ommended that NASA conduct an independent tical twin brother, former United States govern- and cost and technical assessment of the Asteroid ment astronaut Mark Kelly, acted as a human (K) the recommendations and ideas of several Robotic Redirect Mission. control specimen on Earth, providing an under- independently developed reports or concepts (7) NASA completed the assessment under standing of the physical, behavioral, micro- that describe potential Mars architectures or paragraph (6) and reviewed it as part of the biological, and molecular reaction of the human concepts and identify Mars as the long-term agency’s Key Decision Point–B review. body to an extended period of time in space. goal for human space exploration, including the (8) In 2015, the NASA Advisory Council rec- (4) Since the Administration currently pro- reports described under section 432(8). ommended that NASA preserve the following vides medical monitoring, diagnosis, and treat- (4) CRITICAL DECISION PLAN ON HUMAN SPACE key objectives if the program needed to be ment for United States government astronauts EXPLORATION.—As part of the strategic frame- descoped: during their active employment, given the un- work, the Administrator shall include a critical (A) Development of high power solar electric known long-term health consequences of long- decision plan— propulsion. duration space exploration, the Administration (A) identifying and defining key decisions (B) Ability to maneuver in a low gravity envi- has requested statutory authority from Congress guiding human space exploration priorities and ronment in deep space. to provide medical monitoring, diagnosis, and plans that need to be made before June 30, 2020, (9) In January 2015 and July 2015, the NASA treatment to former United States government including decisions that may guide human space Advisory Council expressed its concern to NASA astronauts for psychological and medical condi- exploration capability development, precursor about the potential for growing costs for the tions associated with human space flight. missions, long-term missions, and activities; program and highlighted that choices would (b) SENSE OF CONGRESS.—It is the sense of (B) defining decisions needed to maximize effi- need to be made about the program’s content. Congress that— ciencies and resources for reaching the near, in- (b) SENSE OF CONGRESS.—It is the sense of (1) the United States should continue to seek termediate, and long-term goals and objectives Congress that— the unknown and lead the world in space explo- of human space exploration; and (1) the technological and scientific goals of ration and scientific discovery as the Adminis- (C) identifying and defining timelines and the Asteroid Robotic Redirect Mission may not tration prepares for long-duration and explo- milestones for a sustainable cadence of missions be commensurate with the cost; and ration spaceflight in deep space and an even- beginning with EM–3 for the Space Launch Sys- (2) alternative missions may provide a more tual mission to Mars; tem and Orion to extend human exploration cost effective and scientifically beneficial means (2) data relating to the health of astronauts from cis-lunar space to the surface of Mars. to demonstrate the technologies needed for a will become increasingly valuable to improving (5) REPORTS.—The Administrator shall submit human mission to Mars that would otherwise be our understanding of many diseases humans an initial strategic framework, including a crit- demonstrated by the Asteroid Robotic Redirect face on Earth; ical decision plan, to the appropriate committees Mission. (3) the Administration should provide the type of Congress before December 1, 2017, and an up- (c) EVALUATION AND REPORT.—Not later than of monitoring, diagnosis, and treatment de- dated strategic framework biennially thereafter. 180 days after the date of enactment of this Act, scribed in subsection (a) only for conditions the SEC. 434. ADVANCED SPACE SUIT CAPABILITY. the Administrator shall— Administration considers unique to the training (1) conduct an evaluation of— or exposure to the spaceflight environment of Not later than 90 days after the date of enact- (A) alternative approaches to the Asteroid United States government astronauts and ment of this Act, the Administrator shall submit Robotic Redirect Mission for demonstrating the should not require any former United States to the appropriate committees of Congress a de- technologies and capabilities needed for a Government astronauts to participate in the Ad- tailed plan for achieving an advanced space suit human mission to Mars that would otherwise be ministration’s monitoring; capability that aligns with the crew needs for demonstrated by the Asteroid Robotic Redirect (4) such monitoring, diagnosis, and treatment exploration enabled by the Space Launch Sys- Mission; should not replace a former United States gov- tem and Orion, including an evaluation of the (B) the scientific and technical benefits of the ernment astronaut’s private health insurance; merit of delivering the planned suit system for alternatives approaches identified in subpara- (5) expanded data acquired from such moni- use on the ISS. graph (A) compared to the Asteroid Redirect toring, diagnosis, and treatment should be used SEC. 435. ASTEROID ROBOTIC REDIRECT MIS- Robotic Mission to future human exploration; to tailor treatment, inform the requirements for SION. (C) the commercial benefits of the alternative new spaceflight medical hardware, and develop (a) FINDINGS.—Congress makes the following approaches identified in subparagraph (A), in- controls in order to prevent disease occurrence findings: cluding the impact on the development of do- in the astronaut corps; (1) NASA initially estimated that the Asteroid mestic solar electric propulsion technology to (6) the Administration’s existing radiation ex- Robotic Redirect Mission would launch in De- bolster United States competitiveness in the posure standards, which have been used for mis- cember 2020 and cost no more than global marketplace; and sions pertaining to the Space Shuttle and the $1,250,000,000, excluding launch and operations. (D) a comparison of the estimated costs of the ISS, would limit missions to durations of 150 to (2) On July 15, 2016, NASA conducted its Key alternative approaches identified in subpara- 250 days and would pose significant challenges Decision Point–B review of the Asteroid Robotic graph (A); and to long-duration or exploration spaceflight or a Redirect Mission or approval for Phase B in (2) submit to the appropriate committees of multiyear mission to Mars; and mission formulation. Congress a report on the evaluation under para- (7) the 340-day space mission of Scott Kelly (3) During the Key Decision Point–B review, graph (1), including any recommendations. aboard the ISS— NASA estimated that costs have grown to (A) was pivotal for the goal of the United $1,400,000,000 excluding launch and operations Subtitle D—Scott Kelly Human Spaceflight and Exploration Act States for humans to explore deep space and for a launch in December 2021 and the agency Mars as the mission generated new insight into must evaluate whether to accept the increase or SEC. 441. SHORT TITLE. how the human body adjusts to weightlessness, reduce the Asteroid Robotic Redirect Mission’s This subtitle may be cited as the ‘‘Scott Kelly isolation, radiation, and the stress of long-dura- scope to stay within the cost cap set by the Ad- Human Spaceflight and Exploration Act’’. tion space flight; and ministrator. SEC. 442. FINDINGS; SENSE OF CONGRESS. (B) will help support the physical and mental (4) In April 2015, the NASA Advisory Coun- (a) FINDINGS.—Congress makes the following well-being of astronauts during longer space ex- cil— findings: ploration missions in the future. (A) issued a finding that— (1) Human space exploration can pose signifi- SEC. 443. MEDICAL MONITORING AND RESEARCH (i) high-performance solar electric propulsion cant challenges and is full of substantial risk, RELATING TO HUMAN SPACE will likely be an important part of an architec- which has ultimately claimed the lives of 24 Na- FLIGHT. ture to send humans to Mars; and tional Aeronautics and Space Administration (a) IN GENERAL.—Subchapter III of chapter (ii) maneuvering a large test mass is not nec- astronauts serving in the line of duty. 201 of title 51, United States Code, as amended essary to provide a valid in-space test of a new (2) As United States government astronauts by section 304 of this Act, is further amended by solar electric propulsion stage; participate in long-duration and exploration adding at the end the following:

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00210 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.145 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7141 ‘‘§ 20149. Medical monitoring and research re- survey for planetary science, the Administrator current investment in the Space Launch System lating to human space flight shall ensure, to the greatest extent practicable, that would significantly reduce the transit time ‘‘(a) IN GENERAL.—Notwithstanding any other the completion of a balanced set of Discovery, for such a deep space mission; and provision of law, the Administrator may provide New Frontiers, and flagship missions. (2) a scientific, robotic exploration mission to for the medical monitoring, diagnosis, and treat- (2) MISSION PRIORITY ADJUSTMENTS.—Con- Europa, as prioritized in both Planetary Science ment of a United States government astronaut, sistent with the set of missions described in Decadal Surveys, should be supported. or a former United States government astronaut paragraph (1), and while maintaining the con- TITLE VI—MAXIMIZING EFFICIENCY or payload specialist, for conditions that the tinuity of scientific data and steady develop- Subtitle A—Agency Information Technology Administrator considers associated with human ment of capabilities and technologies, the Ad- and Cybersecurity ministrator may seek, if necessary, adjustments space flight, including scientific and medical SEC. 611. INFORMATION TECHNOLOGY GOVERN- tests for psychological and medical conditions. to mission priorities, schedule, and scope in ANCE. ‘‘(b) EXCLUSIONS.—The Administrator may light of changing budget projections. The Administrator, in consultation with the not— SEC. 503. JAMES WEBB SPACE TELESCOPE. chief information officer of NASA, shall— ‘‘(1) provide for medical monitoring, diagnosis, It is the sense of Congress that— (1) ensure the NASA Chief Information Officer or treatment of a United States government as- (1) the James Webb Space Telescope should has a significant role in the management, gov- tronaut, or a former United States government significantly advance our understanding of star ernance, and oversight processes related to in- astronaut or payload specialist, under sub- and planet formation, improve our knowledge of formation technology operations and invest- section (a) for any psychological or medical con- the early universe, and support United States ments and information security programs for the dition that is not associated with human space leadership in astrophysics; and protection of NASA systems; flight; or (2) consistent with annual Government Ac- (2) establish the NASA Chief Information Offi- ‘‘(2) require a former United States govern- countability Office reviews of the James Webb cer as a direct report to the Administrator; ment astronaut or payload specialist to partici- Space Telescope program, the Administrator (3) ensure the NASA Chief Information Officer pate in the monitoring authorized under sub- should continue robust surveillance of the per- has the appropriate resources and insight to section (a). formance of the James Webb Space Telescope oversee NASA information technology and infor- ‘‘(c) PRIVACY.—Consistent with applicable project and continue to improve the reliability of mation security operations and investments; provisions of law relating to privacy, the Ad- cost estimates and contractor performance data (4) provide an information technology pro- ministrator shall protect the privacy of all med- and other major spaceflight projects in order to gram management framework to increase the ef- ical records generated under subsection (a) and enhance NASA’s ability to successfully deliver ficiency and effectiveness of information tech- accessible to the Administration. the James Webb Space Telescope on-time and nology investments, including relying on metrics ‘‘(d) REGULATIONS.—The Administrator shall within budget. for identifying and reducing potential duplica- promulgate such regulations as are necessary to SEC. 504. SENSE OF CONGRESS ON WIDE-FIELD tion, waste, and cost; carry out this section.’’. INFRARED SURVEY TELESCOPE. (5) establish a monetary threshold for all (b) TABLE OF CONTENTS.—The table of con- It is the sense of Congress that— agency information technology investments and tents for chapter 201 of title 51, United States (1) the Wide-Field Infrared Survey Telescope related contracts, including non-highly and Code, as amended by section 304 of this Act, is (commonly known as ‘‘WFIRST’’) mission has highly specialized and specialized information further amended by inserting after the item re- the potential to enable scientific discoveries that technology, regardless of the procurement in- lating to section 20148 the following: will transform our understanding of the uni- strument, over which the NASA Chief Informa- ‘‘20149. Medical monitoring and research relat- verse; and tion Officer shall have final approval; ing to human space flight.’’. (2) the Administrator, to the extent prac- (6) improve the operational linkage between TITLE V—ADVANCING SPACE SCIENCE ticable, should make progress on the tech- the NASA Chief Information Officer and each nologies and capabilities needed to position the NASA mission directorate, center, and mission SEC. 501. MAINTAINING A BALANCED SPACE support office to ensure both agency and mis- SCIENCE PORTFOLIO. Administration to meet the objectives, as out- sion needs are considered in agency-wide infor- (a) SCIENCE PORTFOLIO.—Section 803 of the lined in the 2010 National Academies’ Astron- mation technology and information security National Aeronautics and Space Administration omy and Astrophysics Decadal Survey, in a way management and oversight; Authorization Act of 2010 (Public Law 111–267; that maximizes the scientific productivity of (7) review the portfolio of information tech- 124 Stat. 2832) is amended to read as follows: meeting those objectives for the resources invested. nology investments and spending, including in- ‘‘SEC. 803. OVERALL SCIENCE PORTFOLIO. formation technology-related investments in- SEC. 505. SENSE OF CONGRESS ON MARS 2020 ‘‘Congress restates its sense that— cluded as part of activities within NASA mission ‘‘(1) a balanced and adequately funded set of ROVER. It is the sense of Congress that— directorates that may not be considered informa- activities, consisting of research and analysis tion technology, to ensure investments are rec- grant programs, technology development, sub- (1) the Mars 2020 mission, to develop a Mars rover and to enable the return of samples to ognized and reported appropriately based on orbital research activities, and small, medium, guidance from the Office of Management and and large space missions, contributes to a robust Earth, should remain a priority for NASA; and (2) the Mars 2020 mission— Budget; and productive science program and serves as a (8) consider appropriate revisions to the char- catalyst for innovation and discovery; and (A) should significantly increase our understanding of Mars; ters of information technology boards and coun- ‘‘(2) the Administrator should set science pri- cils that inform information technology invest- orities by following the guidance provided by (B) should help determine whether life previously existed on that planet; and ment and operation decisions; and the scientific community through the National (9) consider whether the NASA Chief Informa- Academies of Sciences, Engineering, and Medi- (C) should provide opportunities to gather knowledge and demonstrate technologies that tion Officer should have a seat on any boards or cine’s decadal surveys.’’. councils described in paragraph (8). (b) CONFORMING AMENDMENT.—The item re- address the challenges of future human expeditions to Mars. SEC. 612. INFORMATION TECHNOLOGY STRA- lating to section 803 in the table of contents in TEGIC PLAN. SEC. 506. EUROPA. section 1(b) of the National Aeronautics and (a) IN GENERAL.—Subject to subsection (b), Space Administration Authorization Act of 2010 (a) FINDINGS.—Congress makes the following the NASA Chief Information Officer, in con- (Public Law 111–267; 124 Stat. 2806) is amended findings: sultation with the chief information officer of by striking ‘‘Overall science portfolio-sense of (1) Studies of Europa, Jupiter’s moon, indicate each Administration center, shall develop an in- the Congress’’ and inserting ‘‘Overall science that Europa may provide a habitable environ- formation technology strategic plan to guide portfolio’’. ment, as it contains key ingredients known to NASA information technology management and SEC. 502. PLANETARY SCIENCE. support life on Earth, including liquid water, strategic objectives. (a) FINDINGS.—Congress finds that— heat, chemistry, and time. (b) REQUIREMENTS.—In developing the stra- (1) Administration support for planetary (2) In 2012, using the Hubble Space Telescope, tegic plan, the NASA Chief Information Officer science is critical to enabling greater under- NASA scientists observed water vapor around shall ensure that the strategic plan is consistent standing of the solar system and the origin of the south polar region of Europa, which pro- with— the Earth; vides potential evidence of water plumes in that (1) the deadline under section 306(a) of title 5, (2) the United States leads the world in plan- region. United States Code; and etary science and can augment its success in (3) For decades, the Europa mission has con- (2) the requirements under section 3506 of title that area with appropriate international, aca- sistently ranked as a high priority mission for 44, United States Code. demic, and industry partnerships; the scientific community. (c) CONTENTS.—The strategic plan shall in- (3) a mix of small, medium, and large plan- (4) The Europa mission was ranked as the top clude— etary science missions is required to sustain a priority mission in the previous Planetary (1) near and long-term goals and objectives for steady cadence of planetary exploration; and Science Decadal Survey and ranked as the sec- leveraging information technology; (4) robotic planetary exploration is a key com- ond-highest priority in the current Planetary (2) a plan for how the NASA Chief Informa- ponent of preparing for future human explo- Science Decadal Survey. tion Officer will submit to Congress of a list of ration. (b) SENSE OF CONGRESS.—It is the sense of information technology projects, including com- (b) MISSION PRIORITIES.— Congress that— pletion dates and risk level in accordance with (1) IN GENERAL.—In accordance with the pri- (1) the Europa mission could provide another guidance from the Office of Management and orities established in the most recent decadal avenue in which to capitalize on our Nation’s Budget;

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00211 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.145 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7142 CONGRESSIONAL RECORD — SENATE December 9, 2016 (3) an implementation overview for an agency- ‘‘(E) coordination among organizational enti- Subtitle B—Collaboration Among Mission wide centralized approach to information tech- ties, including between each center, facility, Directorates and Other Matters nology investments and operations, including mission directorate, and mission support office, SEC. 621. COLLABORATION AMONG MISSION DI- reducing barriers to cross-center collaboration; and among agency entities responsible for dif- RECTORATES. (4) coordination by the NASA Chief Informa- ferent aspects of information security; The Administrator shall encourage an inter- tion Officer with centers and mission direc- ‘‘(F) heightened consideration of the need to disciplinary approach among all NASA mission torates to ensure that information technology protect the information security of mission-crit- directorates and divisions, whenever appro- policies are effectively and efficiently imple- ical systems and activities and high-impact and priate, for projects or missions— mented across the agency; moderate-impact information systems; and (1) to improve coordination, and encourage (5) a plan to increase the efficiency and effec- ‘‘(G) a schedule of frequent reviews and up- collaboration and early planning on scope; tiveness of information technology investments, dates, as necessary, of the plan.’’; and (2) to determine areas of overlap or alignment; including a description of how unnecessarily (3) in subsection (b), as redesignated— (3) to find ways to leverage across divisional duplicative, wasteful, legacy, or outdated infor- (A) in paragraph (1)— perspectives to maximize outcomes; and mation technology across NASA will be identi- (i) in subparagraph (B), by striking ‘‘; and’’ (4) to be more efficient with resources and fied and eliminated, and a schedule for the and inserting a semicolon; funds. identification and elimination of such informa- (ii) in subparagraph (C), by striking the pe- SEC. 622. NASA LAUNCH CAPABILITIES COLLABO- tion technology; riod at the end and inserting ‘‘; and’’; and RATION. (6) a plan for improving the information secu- (iii) by adding at the end the following: (a) FINDINGS.—Congress makes the following rity of agency information and agency informa- ‘‘(D) an update on the agency’s efforts to findings: (1) The Launch Services Program is respon- tion systems, including improving security con- apply additional information security protec- sible for the acquisition, management, and tech- trol assessments and role-based security training tions to secure high-impact and moderate-im- nical oversight of commercial launch services for of employees; and pact information systems and mission-critical systems and activities, including those systems NASA’s science and robotic missions. (7) submission by the NASA Chief Information (2) The Commercial Crew Program is respon- that control spacecraft and maintain critical Officer to Congress of information regarding sible for the acquisition, management, and tech- data sources.’’; and high risk projects and cybersecurity risks. nical oversight of commercial crew transpor- (B) in paragraph (2), by striking ‘‘section (d) CONGRESSIONAL OVERSIGHT.—The NASA tation systems. 3545’’ and inserting ‘‘section 3555’’. Chief Information Officer shall submit to the (3) The Launch Services Program and Com- appropriate committees of Congress the strategic SEC. 614. OVERSIGHT IMPLEMENTATION mercial Crew Program have worked together to plan under subsection (a) and any updates PROGRESS. gain exceptional technical insight into the con- thereto. Not later than 90 days after the date of enact- tracted launch service providers that are com- SEC. 613. CYBERSECURITY. ment of this Act, and periodically thereafter mon to both programs. (a) FINDING.—The security of NASA informa- until the information security plan under sec- (4) The Launch Services Program has a long tion and information systems is vital to the suc- tion 1207 of the National Aeronautics and Space history of oversight of 12 different launch vehi- cess of the mission of the agency. Administration Authorization Act of 2010 (42 cles and over 80 launches. (b) INFORMATION SECURITY PLAN.—Section U.S.C. 18445), as amended, is developed and im- (5) Co-location of the Launch Services Pro- 1207 of the National Aeronautics and Space Ad- plemented agency-wide, the Administrator shall gram and Commercial Crew Program has en- ministration Authorization Act of 2010 (42 provide to the appropriate committees of Con- abled the Commercial Crew Program to effi- U.S.C. 18445) is amended— gress an update on the progress made toward ciently obtain the launch vehicle technical ex- (1) by redesignating subsections (a) through implementation of or response to— pertise of and provide engineering and analyt- (c) as subsections (b) through (d), respectively; (1) the information security plan under that ical support to the Commercial Crew Program. (2) by inserting before subsection (b), as redes- section; and (b) SENSE OF CONGRESS.—It is the sense of ignated, the following: (2) the information security-related rec- Congress that— ‘‘(a) AGENCY-WIDE INFORMATION SECURITY ommendations made by the NASA Inspector (1) the Launch Services Program and Commer- PLAN.— General and the Comptroller General in the 5 cial Crew Program each benefit from commu- ‘‘(1) IN GENERAL.—Not later than 1 year after years preceding the date of enactment of this nication and coordination of launch manifests, the date of enactment of the National Aero- Act. technical information, and common launch ve- nautics and Space Administration Transition SEC. 615. SOFTWARE OVERSIGHT. hicle insight between the programs; and (2) such communication and coordination is Authorization Act of 2016, the Administrator The Administrator shall— enabled by the co-location of the programs. shall implement the information security plan (1) develop a strategic plan to transition (c) IN GENERAL.—The Administrator shall developed under paragraph (2) and take such NASA from legacy software by adopting a service-based acquisition model in line with industry pursue a strategy for acquisition of crewed further actions as the Administrator considers transportation services and non-crewed launch necessary to improve the information security best practices; (2) develop and implement an agency-wide services that continues to enhance communica- system in accordance with this section. tion, collaboration, and coordination between ‘‘(2) INFORMATION SECURITY PLAN.—Subject to software license management policy to improve centralization, lifecycle management, and pro- the Launch Services Program and the Commer- paragraphs (3), (4), and (5), the chief informa- cial Crew Program. tion officer of NASA, shall develop an agency- curement education, including education on SEC. 623. COMMERCIAL SPACE LAUNCH COOPERA- wide information security plan to enhance in- contract negotiations, relevant laws and regulations, and agency-wide contract terms and con- TION. formation security for NASA information and (a) FINDING.—Congress recognized the benefit ditions; and information infrastructure. of commercial space launch cooperation between (3) direct an agency-wide inventory of NASA’s ‘‘(3) REQUIREMENTS.—In developing the plan the Federal Government and the private sector total software licenses and spending, including under paragraph (2), the chief information offi- when it granted the Secretary of Defense au- costs, benefits, usage, and trending data. cer shall ensure that the plan— thority to foster cooperation between the De- ‘‘(A) is consistent with policies, standards, SEC. 616. SECURITY MANAGEMENT OF FOREIGN partment of Defense and certain covered entities NATIONAL ACCESS. guidelines, and directives on information secu- relating to space transportation infrastructure rity under subchapter II of chapter 35 of title 44, The Administrator shall notify the appro- under section 2276 of title 10, United States United States Code; priate committees of Congress when the agency Code. ‘‘(B) is consistent with the standards and has implemented the information technology se- (b) SENSE OF CONGRESS.—It is the sense of guidelines under section 11331 of title 40, United curity recommendations from the National Congress that— States Code; and Academy of Public Administration on foreign (1) the Administrator should take into account ‘‘(C) meets applicable National Institute of national access management, based on reports the unique needs and obligations that multi- Standards and Technology information security from January 2014 and March 2016. user, public State spaceports may have with the standards and guidelines. SEC. 617. CYBERSECURITY OF WEB APPLICA- State government as well as current and pro- ‘‘(4) APPROVAL.—The chief information officer TIONS. spective contractual arrangements with commer- shall submit the plan to the Administrator for Not later than 180 days after the date of en- cial and government customers when developing approval prior to its implementation. actment of this Act, the NASA Chief Informa- and carrying out agreements under section 50507 ‘‘(5) CONTENTS.—The plan shall include— tion Officer shall— of title 51, United States Code, with State space- ‘‘(A) an overview of the requirements of the (1) develop a plan, including such actions and ports operating on NASA facilities; and information security system; milestones as are necessary, to fully remediate (2) the authority granted under section 50507 ‘‘(B) an agency-wide risk management frame- security vulnerabilities of NASA web applica- of title 51, United States Code, is not intended to work for information security; tions within a timely fashion after discovery; supersede or conflict with the congressional in- ‘‘(C) a description of the information security and tent and purposes codified in chapter 509 of that system management controls and common con- (2) implement the recommendation from the title, the responsibilities of the Secretary of trols that are necessary to ensure compliance NASA Inspector General in the audit report Transportation under section 50913 of that title, with information security-related requirements; dated July 10, 2014, (IG–14–023) to remove from or with the intent of section 50504 of that title. ‘‘(D) an identification and assignment of the Internet or secure with a web application (c) IN GENERAL.—Chapter 505 of title 51, roles, responsibilities, and management commit- firewall all NASA web applications in develop- United States Code, is amended by adding at the ment for information security at the agency; ment or testing mode. end the following:

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00212 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.145 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7143 ‘‘§ 50507. Commercial launch cooperation ‘‘(A) a non-Federal entity that— (II) the covered contractor has provided the ‘‘(a) AUTHORITY FOR AGREEMENTS RELATING ‘‘(i) is organized under the laws of the United notice under subparagraph (A)(iii); or TO SPACE TRANSPORTATION INFRASTRUCTURE.— States or of any jurisdiction within the United (ii) the counterfeit electronic parts or suspect The Administrator— States; and counterfeit electronic parts were provided to the ‘‘(1) may enter into an agreement with a cov- ‘‘(ii) is engaged in commercial space activities; covered contractor as Government property in ered entity to provide the covered entity with or accordance with part 45 of the Federal Acquisi- support and services related to the space trans- ‘‘(B) an entity that controls, is controlled by, tion Regulation. portation infrastructure of the Administration— or is under common control with, a non-Federal (3) SUPPLIERS OF ELECTRONIC PARTS.—In re- ‘‘(A) to maximize the use of the space trans- entity described in subparagraph (A). vising the regulations under paragraph (1), the portation infrastructure of the Administration ‘‘(2) LAUNCH SUPPORT FACILITIES.—The term Administrator shall— by the private sector in the United States; ‘launch support facilities’ has the meaning (A) require NASA and covered contractors, in- ‘‘(B) to maximize the effectiveness and effi- given the term in section 50501. cluding subcontractors, at all tiers— ciency of the space transportation infrastruc- ‘‘(3) SPACE RECOVERY SUPPORT FACILITIES.— (i) to obtain electronic parts that are in pro- ture of the Administration; The term ‘space recovery support facilities’ has duction or currently available in stock from— ‘‘(C) to reduce the cost of services provided by the meaning given the term in section 50501. (I) the original manufacturers of the parts or the Administration related to space transpor- ‘‘(4) SPACE TRANSPORTATION INFRASTRUC- their authorized dealers; or tation infrastructure at launch support facilities TURE.—The term ‘space transportation infra- (II) suppliers who obtain such parts exclu- and space recovery support facilities; and structure’ has the meaning given that term in sively from the original manufacturers of the ‘‘(D) to encourage commercial space activities section 50501.’’. parts or their authorized dealers; and by enabling investment by covered entities in (d) TABLE OF CONTENTS.—The table of con- (ii) to obtain electronic parts that are not in the space transportation infrastructure of the tents for chapter 505 of title 51, United States production or currently available in stock from Administration; and Code, is amended by adding after the item relat- suppliers that meet qualification requirements ‘‘(2) at the request of the covered entity, may ing to section 50506 the following: established under subparagraph (C); include that support and services in the con- ‘‘50507. Commercial space launch cooperation.’’. (B) establish documented requirements contracted space launch and reentry range support SEC. 624. DETECTION AND AVOIDANCE OF COUN- sistent with published industry standards or requirements of the Administration if— TERFEIT PARTS. Government contract requirements for— ‘‘(A) the Administrator determines that in- (a) FINDINGS.—Congress finds the following: (i) notification of the agency; and cluding that support and services in the require- (1) A 2012 investigation by the Committee on (ii) inspection, testing, and authentication of ments— Armed Services of the Senate of counterfeit elec- electronic parts that NASA or a covered con- ‘‘(i) is in the best interest of the Federal Gov- tronic parts in the Department of Defense sup- tractor, including a subcontractor, obtains from ernment; ply chain from 2009 through 2010 uncovered any source other than a source described in sub- ‘‘(ii) does not interfere with the requirements 1,800 cases and over 1,000,000 counterfeit parts paragraph (A); of the Administration; and exposed the threat such counterfeit parts (C) establish qualification requirements, con- ‘‘(iii) does not compete with the commercial pose to service members and national security. sistent with the requirements of section 2319 of space activities of other covered entities; and (2) Since 2010, the Comptroller General of the title 10, United States Code, pursuant to which ‘‘(iv) does not result in the Administration re- United States has identified in 3 separate re- NASA may identify suppliers that have appro- taining ownership of assets which are no longer ports the risks and challenges associated with priate policies and procedures in place to detect needed to meet a programmatic mission of the counterfeit parts and counterfeit prevention at and avoid counterfeit electronic parts and sus- Administration; and both the Department of Defense and NASA, in- pect counterfeit electronic parts; and ‘‘(B) any commercial requirement included in cluding inconsistent definitions of counterfeit (D) authorize a covered contractor, including the agreement has full non-Federal funding be- parts, poorly targeted quality control practices, a subcontractor, to identify and use additional fore the execution of the agreement. and potential barriers to improvements to these suppliers beyond those identified under sub- ‘‘(b) CONTRIBUTIONS.— practices. paragraph (C) if— ‘‘(1) IN GENERAL.—The Administrator may (b) SENSE OF CONGRESS.—It is the sense of (i) the standards and processes for identifying enter into an agreement with a covered entity Congress that the presence of counterfeit elec- such suppliers comply with established industry on a cooperative and voluntary basis to accept tronic parts in the NASA supply chain poses a standards; funds, services, and equipment to carry out the danger to United States government astronauts, (ii) the covered contractor assumes responsi- purposes in subsection (a)(1). crew, and other personnel and a risk to the bility for the authenticity of parts provided by ‘‘(2) USE OF CONTRIBUTIONS.—Any funds, agency overall. such suppliers under paragraph (2); and services, or equipment accepted by the Adminis- (c) REGULATIONS.— (iii) the selection of such suppliers is subject trator under this subsection— (1) IN GENERAL.—Not later than 270 days after to review and audit by NASA. ‘‘(A) may be used only for the objectives speci- the date of enactment of this Act, the Adminis- (d) DEFINITIONS.—In this section: fied in this section in accordance with terms of trator shall revise the NASA Supplement to the (1) COVERED CONTRACTOR.—The term ‘‘covered use set forth in the agreement entered into Federal Acquisition Regulation to improve the contractor’’ means a contractor that supplies an under this subsection; and detection and avoidance of counterfeit elec- electronic part, or a product that contains an ‘‘(B) shall be managed by the Administrator tronic parts in the supply chain. electronic part, to NASA. in accordance with procedures prescribed under (2) CONTRACTOR RESPONSIBILITIES.—In revis- (2) ELECTRONIC PART.—The term ‘‘electronic subsection (d). ing the regulations under paragraph (1), the part’’ means a discrete electronic component, in- ‘‘(3) REQUIREMENTS WITH RESPECT TO AGREE- Administrator shall— cluding a microcircuit, transistor, capacitor, re- MENTS.—An agreement entered into with a cov- (A) require each covered contractor— sistor, or diode, that is intended for use in a ered entity under this subsection shall— (i) to detect and avoid the use or inclusion of safety or mission critical application. ‘‘(A) address the terms of use, ownership, and any counterfeit parts in electronic parts or prod- SEC. 625. EDUCATION AND OUTREACH. disposition of the funds, services, or equipment ucts that contain electronic parts; (a) SENSE OF CONGRESS.—It is the sense of contributed under the agreement; (ii) to take such corrective actions as the Ad- Congress that— ‘‘(B) include a provision that the covered enti- ministrator considers necessary to remedy the (1) United States competitiveness in the 21st ty will not recover the costs of its contribution use or inclusion described in clause (i); and century requires engaging the science, tech- through any other agreement with the United (iii) including a subcontractor, to notify the nology, engineering, and mathematics (referred States; and applicable NASA contracting officer not later to in this section as ‘‘STEM’’) talent in all ‘‘(C) include a provision that the contribution than 30 calendar days after the date the covered States; of a covered entity will not preclude access to or contractor becomes aware, or has reason to sus- (2) the Administration is uniquely positioned use by another covered entity. pect, that any end item, component, part or ma- to educate and inspire students and the broader ‘‘(c) ANNUAL REPORT.—Not later than Janu- terial contained in supplies purchased by NASA, public on STEM subjects and careers; ary 31 of each year, the Administrator shall sub- or purchased by a covered contractor or subcon- (3) the Administration’s Education and Com- mit to the appropriate committees of Congress a tractor for delivery to, or on behalf of, NASA, munication Offices, Mission Directorates, and report on the process used to establish agree- contains a counterfeit electronic part or suspect Centers have been effective in delivering edu- ments under subsections (a) and (b), including counterfeit electronic part; and cational content because of the strong engage- noticing announcements of opportunities and (B) prohibit the cost of counterfeit electronic ment of Administration scientists and engineers criteria for selecting a covered entity, and the parts, suspect counterfeit electronic parts, and in the Administration’s education and outreach funds, services, and equipment accepted and any corrective action described under subpara- activities; and used by the Administrator under this section graph (A)(ii) from being included as allowable (4) the Administration’s education and out- during the preceding fiscal year. costs under agency contracts, unless— reach programs, including the Experimental ‘‘(d) PROCEDURES.—The Administrator shall (i)(I) the covered contractor has an oper- Program to Stimulate Competitive Research prescribe procedures to carry out this section ational system to detect and avoid counterfeit (EPSCoR) and the Space Grant College and Fel- consistent with sections 50504 and 50913. electronic parts and suspect counterfeit elec- lowship Program, reflect the Administration’s ‘‘(e) DEFINITIONS.—In this section: tronic parts that has been reviewed and ap- successful commitment to growing and diversi- ‘‘(1) COVERED ENTITY.—In this section, the proved by NASA or the Department of Defense; fying the national science and engineering term ‘covered entity’ means— and workforce.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00213 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.145 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7144 CONGRESSIONAL RECORD — SENATE December 9, 2016 (b) CONTINUATION OF EDUCATION AND OUT- valuable opportunities to advance science at low bloc and the motions to reconsider be REACH ACTIVITIES AND PROGRAMS.— cost, train the next generation of scientists and considered made and laid upon the (1) IN GENERAL.—The Administrator shall con- engineers, and enable participants to acquire table en bloc with no intervening ac- tinue engagement with the public and education skills in systems engineering and systems inte- tion or debate. opportunities for students via all the Adminis- gration that are critical to maintaining the Na- tration’s mission directorates to the maximum tion’s leadership in space and to enhancing The PRESIDING OFFICER. Without extent practicable. United States innovation and competitiveness objection, it is so ordered. (2) REPORT.—Not later than 60 days after the abroad. f date of enactment of this Act, the Administrator Mr. PORTMAN. I ask unanimous JONATHAN ‘‘J.D.’’ DE GUZMAN shall submit to the appropriate committees of consent that the committee-reported Congress a report on the Administration’s near- POST OFFICE BUILDING substitute amendment be withdrawn; term outreach plans for advancing space law The bill (H.R. 5948) to designate the education. the Cruz-Nelson substitute amendment facility of the United States Postal SEC. 626. LEVERAGING COMMERCIAL SATELLITE be agreed to; the bill, as amended, be SERVICING CAPABILITIES ACROSS considered read a third time and Service located at 830 Kuhn Drive in MISSION DIRECTORATES. passed; and the motion to reconsider be Chula Vista, California, as the ‘‘Jona- (a) FINDINGS.—Congress makes the following considered made and laid upon the than ‘J.D.’ De Guzman Post Office findings: table. Building,’’ was ordered to a third read- (1) Refueling and relocating aging satellites to The PRESIDING OFFICER. Without ing, was read the third time, and extend their operational lifetimes is a capacity passed. that NASA will substantially benefit from and is objection, it is so ordered. important for lowering the costs of ongoing sci- The committee-reported amendment f entific, national security, and commercial sat- in the nature of a substitute was with- U.S. NAVAL CONSTRUCTION BAT- ellite operations. drawn. TALION ‘‘SEABEES’’ FALLEN HE- (2) The technologies involved in satellite serv- The amendment (No. 5180) in the na- ROES POST OFFICE BUILDING icing, such as dexterous robotic arms, propellant ture of a substitute was agreed to. transfer systems, and solar electric propulsion, (The amendment is printed in today’s The bill (H.R. 6138) to designate the are all critical capabilities to support a human facility of the United States Postal exploration mission to Mars. RECORD under ‘‘Text of Amendments.’’) Service located at 560 East Pleasant (b) SENSE OF CONGRESS.—It is the sense of The bill (S. 3346), as amended, was or- Congress that— dered to be engrossed for a third read- Valley Road, Port Hueneme, Cali- (1) satellite servicing is a vital capability that ing, was read the third time, and fornia, as the U.S. Naval Construction will bolster the capacity and affordability of passed. Battalion ‘‘Seabees’’ Fallen Heroes NASA’s ongoing scientific and human explo- f Post Office Building, was ordered to a ration operations while simultaneously enhanc- third reading, was read the third time, ing the ability of domestic companies to compete CELEBRATING THE 200TH ANNI- and passed. in the global marketplace; and VERSARY OF THE COMMITTEE f (2) future NASA satellites and spacecraft ON THE JUDICIARY OF THE SEN- across mission directorates should be con- ATE DR. ROSCOE C. BROWN, JR. POST structed in a manner that allows for servicing in order to maximize operational longevity and af- Mr. PORTMAN. Mr. President, I ask OFFICE BUILDING fordability. unanimous consent that the Senate The bill (H.R. 6282) to designate the (c) LEVERAGING OF CAPABILITIES.—The Ad- proceed to the consideration of S. Res. facility of the United States Postal ministrator shall identify orbital assets in both 641, submitted earlier today. Service located at 2024 Jerome Avenue, the Science Mission Directorate and the Human in Bronx, New York, as the ‘‘Dr. Roscoe Exploration and Operations Mission Directorate The PRESIDING OFFICER. The that could benefit from satellite servicing-related clerk will report the resolution by C. Brown, Jr. Post Office Building,’’ technologies, and shall work across all NASA title. was ordered to a third reading, was mission directorates to evaluate opportunities The senior assistant legislative clerk read the third time, and passed. for the private sector to perform such services or read as follows: f advance technical capabilities by leveraging the A resolution (S. Res. 641) celebrating the technologies and techniques developed by NASA 200th anniversary of the Committee on the ADOLFO ‘‘HARPO’’ CELAYA POST programs and other industry programs. Judiciary of the Senate. OFFICE SEC. 627. FLIGHT OPPORTUNITIES. There being no objection, the Senate The bill (H.R. 6304) to designate the (a) DEVELOPMENT OF PAYLOADS.— proceeded to consider the resolution. facility of the United States Postal (1) IN GENERAL.—In order to conduct necessary research, the Administrator shall con- Mr. PORTMAN. I ask unanimous Service located at 501 North Main tinue and, as the Administrator considers ap- consent that the resolution be agreed Street in Florence, Arizona, as the propriate, expand the development of tech- to, the preamble be agreed to, and the ‘‘Adolfo ‘Harpo’ Celaya Post Office,’’ nology payloads for— motions to reconsider be considered was ordered to a third reading, was (A) scientific research; and made and laid upon the table with no read the third time, and passed. (B) investigating new or improved capabilities. intervening action or debate. f (2) FUNDS.—For the purpose of carrying out The PRESIDING OFFICER. Without paragraph (1), the Administrator shall make objection, it is so ordered. PRESERVING REHABILITATION funds available for— INNOVATION CENTERS ACT OF 2015 (A) flight testing; The resolution (S. Res. 641) was (B) payload development; and agreed to. Mr. PORTMAN. Mr. President, I ask (C) hardware related to subparagraphs (A) The preamble was agreed to. unanimous consent that the Com- and (B). (The resolution, with its preamble, is mittee on Finance be discharged from (b) REAFFIRMATION OF POLICY.—Congress re- printed in today’s RECORD under ‘‘Sub- further consideration of S. 1168 and the affirms that the Administrator should provide mitted Resolutions.’’) Senate proceed to its immediate con- flight opportunities for payloads to microgravity sideration. environments and suborbital altitudes as au- f The PRESIDING OFFICER. Without thorized by section 907 of the National Aero- HOUSE BILLS nautics and Space Administration Authoriza- objection, it is so ordered. tion Act of 2010 (42 U.S.C. 18405). Mr. PORTMAN. Mr. President, I ask The clerk will report the bill by title. SEC. 628. SENSE OF CONGRESS ON SMALL CLASS unanimous consent that the Senate The senior assistant legislative clerk LAUNCH MISSIONS. proceed to the immediate consider- read as follows: It is the sense of Congress that— ation of the following bills en bloc: A bill (S. 1168) to amend title XVIII of the (1) Venture Class Launch Services contracts H.R. 5948, H.R. 6138, H.R. 6282, and H.R. Social Security Act to preserve access to re- awarded under the Launch Services Program 6304. habilitation innovation centers under the will expand opportunities for future dedicated There being no objection, the Senate Medicare program. launches of CubeSats and other small satellites and small orbital science missions; and proceeded to consider the bills en bloc. There being no objection, the Senate (2) principal investigator-led small orbital Mr. PORTMAN. Mr. President, I fur- proceeded to consider the bill. science missions, including CubeSat class, Small ther ask unanimous consent that the Mr. PORTMAN. Mr. President, I ask Explorer (SMEX) class, and Venture class, offer bills be read a third time and passed en unanimous consent that the Kirk

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00214 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.145 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7145 amendment at the desk be agreed to; MENTS MADE TO, REHABILITATION INNOVATION AUTHORIZING THE USE OF POST- that the bill, as amended, be read a CENTERS.— 9/11 EDUCATIONAL ASSISTANCE third time and passed; and that the ‘‘(A) STUDY.—The Secretary shall conduct a study to assess the costs incurred by reha- Mr. PORTMAN. Mr. President, I ask motion to reconsider be considered unanimous consent that the Com- made and laid upon the table. bilitation innovation centers (as defined in subparagraph (C)) that are beyond the pro- mittee on Veterans’ Affairs be dis- The PRESIDING OFFICER. Without spective rate for each of the following activi- charged from further consideration of objection, it is so ordered. ties: S. 3021 and the Senate proceed to its The amendment (No. 5181) in the na- ‘‘(i) Furnishing items and services to indi- immediate consideration. ture of a substitute was agreed to, as viduals under this title. The PRESIDING OFFICER. The follows: ‘‘(ii) Conducting research. clerk will report the bill by title. (Purpose: In the nature of a substitute) ‘‘(iii) Providing medical training. The senior assistant legislative clerk Strike all after the enacting clause and in- ‘‘(B) REPORT.—Not later than July 1, 2019, read as follows: the Secretary shall submit to Congress a re- sert the following: A bill (S. 3021) to amend title 38, United port containing the results of the study SECTION 1. SHORT TITLE. States Code, to authorize the use of Post-9/11 under subparagraph (A), together with rec- This Act may be cited as the ‘‘Preserving Educational Assistance to pursue inde- ommendations for such legislation and ad- Rehabilitation Innovation Centers Act of pendent study programs at certain edu- ministrative action as the Secretary deter- 2016’’. cational institutions that are not institu- SEC. 2. FINDINGS. mines appropriate. tions of higher learning. ‘‘(C) REHABILITATION INNOVATION CENTER Congress makes the following findings: There being no objection, the Senate (1) In the United States, there are an esti- DEFINED.— mated 1,181 inpatient rehabilitation facili- ‘‘(i) IN GENERAL.—In this paragraph, the proceeded to consider the bill. ties. Among these facilities is a small group term ‘rehabilitation innovation center’ Mr. PORTMAN. Mr. President, I ask of inpatient rehabilitation institutions that means a rehabilitation facility that, deter- unanimous consent that the Inhofe- are contributing to the future of rehabilita- mined as of the date of the enactment of this Blumenthal substitute amendment be tion care medicine, as well as to patient re- paragraph, is described in clause (ii) or agreed to; that the bill, as amended, be covery, scientific innovation, and quality of clause (iii). considered read a third time and life. ‘‘(ii) NOT-FOR-PROFIT.—A rehabilitation fa- passed; and that the motion to recon- (2) This unique category of inpatient reha- cility described in this clause is a facility sider be considered made and laid upon that— bilitation institutions treats the most com- the table. plex patient conditions, such as traumatic ‘‘(I) is classified as a not-for-profit entity brain injury, stroke, spinal cord injury, under the IRF Rate Setting File for the Cor- The PRESIDING OFFICER. Without childhood disease, burns, and wartime inju- rection Notice for the Inpatient Rehabilita- objection, it is so ordered. ries. tion Facility Prospective Payment System The amendment (No. 5182) in the na- (3) These leading inpatient rehabilitation for Federal Fiscal Year 2012 (78 Fed. Reg. ture of a substitute was agreed to. institutions are all not-for-profit or Govern- 59256); (The amendment is printed in today’s ment-owned institutions and serve a high ‘‘(II) holds at least one Federal rehabilita- RECORD under ‘‘Text of Amendments.’’) volume of Medicare or Medicaid bene- tion research and training designation for re- The bill (S. 3021), as amended, was or- ficiaries. search projects on traumatic brain injury, dered to be engrossed for a third read- (4) These leading inpatient rehabilitation spinal cord injury, or stroke rehabilitation ing, was read the third time, and institutions have been recognized by the research from the Rehabilitation Research passed. Federal Government for their contributions and Training Centers or the Rehabilitation to cutting-edge research to develop solutions Engineering Research Center at the National f that enhance quality of care, improve pa- Institute on Disability and Rehabilitation ESSENTIAL TRANSPORTATION tient outcomes, and reduce health care costs. Research at the Department of Education, WORKER IDENTIFICATION CRE- (5) These leading inpatient rehabilitation based on such data submitted to the Sec- DENTIAL ASSESSMENT ACT institutions help to improve the practice and retary by a facility, in a form, manner, and standard of rehabilitation medicine across time frame specified by the Secretary; Mr. PORTMAN. Mr. President, I ask the Nation in urban, suburban, and rural ‘‘(III) has a minimum Medicare case mix unanimous consent that the Senate communities by training physicians, medical index of 1.1144 for fiscal year 2012 according proceed to the immediate consider- students, and other clinicians, and providing to the IRF Rate Setting File described in ation of Calendar No. 436, H.R. 710. care to patients from all 50 States. subclause (I); and The PRESIDING OFFICER. The (6) It is vital that these leading inpatient ‘‘(IV) had at least 300 Medicare discharges clerk will report the bill by title. rehabilitation institutions are supported so or at least 200 Medicaid discharges in a prior they can continue to lead the Nation’s ef- The senior assistant legislative clerk year as determined by the Secretary. read as follows: forts to— ‘‘(iii) GOVERNMENT-OWNED.—A rehabilita- (A) advance integrated, multidisciplinary tion facility described in this clause is a fa- A bill (H.R. 710) to require the Secretary of rehabilitation research; cility that— Homeland Security to prepare a comprehen- (B) provide cutting-edge medical care to ‘‘(I) is classified as a Government-owned sive security assessment of the transpor- the most complex rehabilitation patients; institution under the IRF Rate Setting File tation security card program, and for other (C) serve as education and training facili- described in clause (ii)(I); purposes. ties for the physicians, nurses, and other ‘‘(II) holds at least one Federal rehabilita- There being no objection, the Senate health professionals who serve rehabilitation tion research and training designation for re- proceeded to consider the bill, which patients; search projects on traumatic brain injury, had been reported from the Committee (D) ensure Medicare and Medicaid bene- spinal cord injury, or stroke rehabilitation on Commerce, Science, and Transpor- ficiaries receive state-of-the-art, high-qual- research from the Rehabilitation Research tation, with an amendment to strike ity rehabilitation care by developing and dis- and Training Centers, the Rehabilitation En- seminating best practices and advancing the all after the enacting clause and insert gineering Research Center, or the Model Spi- in lieu thereof the following: quality of care utilized by post-acute pro- nal Cord Injury Systems at the National In- viders in all 50 States; and stitute on Disability and Rehabilitation Re- SECTION 1. SHORT TITLE. (E) support other inpatient rehabilitation search at the Department of Education, This Act may be cited as the ‘‘Essential institutions in rural areas to help ensure ac- based on such data submitted to the Sec- Transportation Worker Identification Credential cess to quality post-acute care for patients retary by a facility, in a form, manner, and Assessment Act’’. living in these communities. time frame specified by the Secretary; SEC. 2. COMPREHENSIVE SECURITY ASSESSMENT OF THE TRANSPORTATION WORKER SEC. 3. STUDY AND REPORT RELATING TO THE ‘‘(III) has a minimum Medicare case mix COSTS INCURRED BY, AND THE IDENTIFICATION CREDENTIAL PRO- index of 1.1144 for 2012 according to the IRF GRAM. MEDICARE PAYMENTS MADE TO, RE- Rate Setting File described in clause (ii)(I); HABILITATION INNOVATION CEN- (a) IN GENERAL.—Not later than 60 days after TERS. and the date of the enactment of this Act, the Sec- (a) IN GENERAL.—Section 1886(j) of the So- ‘‘(IV) has a Medicare disproportionate retary of Homeland Security shall commission a cial Security Act (42 U.S.C. 1395ww(j)) is share hospital (DSH) percentage of at least 2-phase comprehensive assessment of the effec- amended— 0.6300 according to the IRF Rate Setting File tiveness of the Transportation Worker Identi- (1) by redesignating paragraph (8) as para- described in clause (ii)(I)).’’. fication Credential Program (referred to in this graph (9); and The bill (S. 1168), as amended, was or- section as the ‘‘TWIC Program’’ under section (2) by inserting after paragraph (7) the fol- 70105 of title 46, United States Code) at enhanc- lowing new paragraph: dered to be engrossed for a third reading security and reducing security risks for fa- ‘‘(8) STUDY AND REPORT RELATING TO THE ing, was read the third time, and cilities and vessels regulated pursuant to chap- COSTS INCURRED BY, AND THE MEDICARE PAY- passed. ter 701 of title 46, United States Code.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00215 Fmt 4637 Sfmt 6333 E:\CR\FM\G09DE6.186 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7146 CONGRESSIONAL RECORD — SENATE December 9, 2016

(b) LOCATION.—The assessment commissioned (B) the Secretary issues an updated list of Trusted Agents and incorporating any new pursuant to subsection (a) shall be conducted by TWIC readers that are compatible with active threat information into updated guidance a national laboratory or a university-based cen- transportation worker security credentials. under subparagraph (D); ter within the Department of Homeland Security (2) LIMITATION ON APPLICATION.—Paragraph (D) updating the guidance provided to centers of excellence network. (1) shall not apply with respect to any final rule Trusted Agents regarding the vetting process (c) CONTENTS.—The assessment commissioned issued pursuant to the notice of proposed rule- and related regulations; pursuant to subsection (a) shall include— making on Transportation Worker Identifica- (E) finalizing a manual for Trusted Agents (1) in phase 1, a review of the credentialing tion Credential (TWIC)-Reader Requirements and adjudicators on the vetting process; and process, including— published by the Coast Guard on March 22, 2013 (F) establishing quality controls to ensure (A) the appropriateness of vetting standards; (78 Fed. Reg. 17781). consistent procedures to review adjudication (B) whether the fee structure adequately re- (g) INSPECTOR GENERAL OVERSIGHT.—Not decisions and terrorism vetting decisions. flects the current costs of vetting; and later than 18 months after the date of the (3) REPORT.—Not later than 2 years after (C) whether there is unnecessary overlap be- issuance of the corrective action plan under the date of enactment of this Act, the In- tween other transportation security credentials; subsection (d), and every 6 months thereafter spector General of the Department of Home- (2) in phase 2, which shall follow the imple- during the 3-year period following the date of land Security shall submit a report to Con- mentation of the TWIC reader rule— the issuance of the first report under this sub- gress that evaluates the implementation of (A) an evaluation of the extent to which the section, the Inspector General shall submit a re- the actions described in paragraph (1). TWIC Program, as implemented, addresses port to the Committee on Commerce, Science, (b) COMPREHENSIVE SECURITY ASSESSMENT known or likely security risks in the maritime and Transportation of the Senate, the Com- OF THE TRANSPORTATION SECURITY CARD PRO- environment; and mittee on Homeland Security of the House of GRAM.— (B) the technology, business process, and Representatives, and the Committee on Trans- (1) IN GENERAL.—Not later than 60 days operational impacts of the use of the transpor- portation and Infrastructure of the House of after the date of enactment of this Act, the tation worker identification credentials and Representatives that describes implementation of Secretary of Homeland Security shall com- TWIC readers in the maritime environment; such plan. mission an assessment of the effectiveness of (3) an evaluation of the extent to which defi- SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED. the transportation security card program ciencies identified by the Comptroller General No additional funds are authorized to be ap- (referred to in this section as ‘‘Program’’) required under section 70105 of title 46, United have been addressed; and propriated to carry out this Act and the amend- States Code, at enhancing security and re- (4) a cost-benefit analysis of the TWIC Pro- ments made by this Act, and this Act and such ducing security risks for facilities and ves- gram, as implemented. amendments shall be carried out using amounts sels regulated under chapter 701 of that title. (d) CORRECTIVE ACTION PLAN; PROGRAM RE- otherwise available for such purpose. FORMS.—If, as part of the assessment submitted (2) LOCATION.—The assessment commis- by the Secretary under subsection (a), the Sec- Mr. PORTMAN. Mr. President, I ask sioned under paragraph (1) shall be con- retary identifies a deficiency in effectiveness of unanimous consent that the com- ducted by a research organization with sig- the TWIC Program, the Secretary, not later mittee-reported substitute amendment nificant experience in port or maritime secu- than 120 days after such submission, shall sub- be withdrawn; that the Thune sub- rity, such as— mit a corrective action plan to the Committee on stitute amendment be agreed to; that (A) a national laboratory; Commerce, Science, and Transportation of the the bill, as amended, be considered (B) a university-based center within the Science and Technology Directorate’s cen- Senate, the Committee on Homeland Security of read a third time and passed; and the the House of Representatives, and the Com- ters of excellence network; or mittee on Transportation and Infrastructure of motion to reconsider be considered (C) a qualified federally-funded research the House of Representatives that— made and laid upon the table. and development center. (1) responds to findings of the assessment com- The PRESIDING OFFICER. Without (3) CONTENTS.—The assessment commis- missioned under this section; objection, it is so ordered. sioned under paragraph (1) shall— (2) includes an implementation plan with The committee-reported amendment (A) review the credentialing process by de- benchmarks; in the nature of a substitute was with- termining— (3) may include programmatic reforms, revi- drawn. (i) the appropriateness of vetting standards; sions to regulations, or proposals for legislation; The amendment (No. 5183) in the na- and (ii) whether the fee structure adequately (4) shall be considered in any rulemaking by ture of a substitute was agreed to, as reflects the current costs of vetting; the Department of Homeland Security relating follows: (iii) whether there is unnecessary redun- to the TWIC Program. (Purpose: In the nature of a substitute.) dancy or duplication with other Federal- or (e) INSPECTOR GENERAL REVIEW.—If a correc- Strike all after the enacting clause and in- State-issued transportation security creden- tive action plan is required under subsection (d), sert the following: tials; and the Inspector General of the Department of SECTION 1. TRANSPORTATION WORKER IDENTI- (iv) the appropriateness of having varied Homeland Security, not later than 120 days FICATION CREDENTIAL SECURITY Federal and State threat assessments and after the submission of such plan, shall— CARD PROGRAM IMPROVEMENTS access controls; (1) review the extent to which such plan im- AND ASSESSMENT. (B) review the process for renewing appli- plements— (a) CREDENTIAL IMPROVEMENTS.— cations for Transportation Worker Identi- (A) recommendations issued by the national (1) IN GENERAL.—Not later than 60 days fication Credentials, including the number of laboratory or university-based center of excel- after the date of enactment of this Act, the days it takes to review application, appeal, lence, as applicable, in the assessment submitted Administrator of the Transportation Secu- and waiver requests for additional informa- under subsection (a); and rity Administration shall commence actions, tion; and (B) recommendations issued by the Comp- consistent with section 70105 of title 46, (C) review the security value of the Pro- troller General before the date of the enactment United States Code, to improve the Trans- gram by— of this Act; and portation Security Administration’s process (i) evaluating the extent to which the Pro- (2) notify the Committee on Commerce, for vetting individuals with access to secure gram, as implemented, addresses known or Science, and Transportation of the Senate, the areas of vessels and maritime facilities. likely security risks in the maritime and Committee on Homeland Security of the House (2) REQUIRED ACTIONS.—The actions deport environments; of Representatives, and the Committee on scribed under paragraph (1) shall include— (ii) evaluating the potential for a non-bio- Transportation and Infrastructure of the House (A) conducting a comprehensive risk anal- metric credential alternative; of Representatives about the responsiveness of ysis of security threat assessment proce- (iii) identifying the technology, business such plan to such recommendations. dures, including— process, and operational impacts of the use (f) TRANSPORTATION WORKER IDENTIFICATION (i) identifying those procedures that need of the transportation security card and CREDENTIAL RULES.— additional internal controls; and transportation security card readers in the (1) IN GENERAL.—The Secretary of Homeland (ii) identifying best practices for quality maritime and port environments; Security may not issue additional rules relating assurance at every stage of the security (iv) assessing the costs and benefits of the to the issuance of transportation worker identi- threat assessment; Program, as implemented; and fication credentials or the use of TWIC readers (B) implementing the additional internal (v) evaluating the extent to which the Sec- until— controls and best practices identified under retary of Homeland Security has addressed (A) the Inspector General of the Department subparagraph (A); the deficiencies in the Program identified by of Homeland Security notifies the Committee on (C) improving fraud detection techniques, the Government Accountability Office and Commerce, Science, and Transportation of the such as— the Inspector General of the Department of Senate, the Committee on Homeland Security of (i) by establishing benchmarks and a proc- Homeland Security before the date of enact- the House of Representatives, and the Com- ess for electronic document validation; ment of this Act. mittee on Transportation and Infrastructure of (ii) by requiring annual training for Trust- (4) DEADLINES.—The assessment commis- the House of Representatives that the submis- ed Agents; and sioned under paragraph (1) shall be com- sion under subsection (d) is responsive to the (iii) by reviewing any security threat as- pleted not later than 1 year after the date on recommendations of the Inspector General; and sessment-related information provided by which the assessment is commissioned.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00216 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.146 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7147

(5) SUBMISSION TO CONGRESS.—Not later ‘‘reservation’’ in section 3 of the Indian Financ- ‘‘(1) OPERATIONAL RIGHT-OF-WAY.— than 60 days after the date that the assessing Act of 1974 (25 U.S.C. 1452). ‘‘(A) IN GENERAL.—The’’; and ment is completed, the Secretary of Home- (2) SECRETARY.—The term ‘‘Secretary’’ means (B) by adding at the end the following: land Security shall submit to the Committee the Secretary of the Interior. ‘‘(B) INCLUSION.—For purposes of subpara- on Commerce, Science, and Transportation SEC. 3. APPLICATION OF CATEGORICAL EXCLU- graph (A), if a real property interest on an In- and the Committee on Homeland Security SIONS TO CERTAIN TRIBAL TRANS- dian reservation has not been formally des- and Governmental Affairs of the Senate and PORTATION FACILITIES. ignated an operational right-of-way, an Indian the Committee on Homeland Security and (a) CATEGORICAL EXCLUSIONS.— tribe may determine the scope and boundaries of the Committee on Transportation and Infra- (1) IN GENERAL.—Effective on the date of en- that real property interest as an operational structure of the House of Representatives actment of this Act, a highway project, includ- right-of-way, subject to the approval of the Bu- the results of the assessment commissioned ing projects administered by the Bureau of In- reau of Indian Affairs and the Secretary. under this subsection. dian Affairs, located on a road eligible for as- ‘‘(2) TRIBAL PUBLIC SAFETY PROJECT.— (c) CORRECTIVE ACTION PLAN; PROGRAM RE- sistance under section 202 of title 23, United ‘‘(A) IN GENERAL.—The term ‘tribal public FORMS.—If the assessment commissioned States Code, is deemed to be an action categori- safety project’ means a project subject to this under subsection (b) identifies a deficiency cally excluded from the requirements relating to section that— in the effectiveness of the Program, the Sec- environmental assessments or environmental im- ‘‘(i) corrects or improves a hazardous road lo- retary of Homeland Security, not later than pact statements under section 1508.4 of title 40, cation or feature; or 60 days after the date on which the assess- Code of Federal Regulations (as in effect on the ‘‘(ii) addresses a highway safety problem. ment is completed, shall submit a corrective date of enactment of this Act), if the project— ‘‘(B) INCLUSIONS.—The term ‘tribal public action plan to the Committee on Commerce, (A) qualifies for categorical exclusion under— safety project’ includes a project for 1 or more of Science, and Transportation and the Com- (i) MAP–21 (Public Law 112–141; 126 Stat. 405) the following: mittee on Homeland Security and Govern- or an amendment made by that Act; or ‘‘(i) An intersection safety improvement. mental Affairs of the Senate, the Committee (ii) section 771.117 of title 23, Code of Federal ‘‘(ii) Pavement and shoulder widening, in- on Homeland Security and the Committee on Regulations (or successor regulations); or cluding addition of a passing lane to remedy an Transportation and Infrastructure of the (B) would meet those requirements if the unsafe condition. House of Representatives that— project sponsor were a State agency. ‘‘(iii) Installation of a rumble strip or other (1) responds to findings of the assessment; (2) MAP–21 CATEGORICAL EXCLUSIONS TO CER- warning device, if the rumble strip or other (2) includes an implementation plan with TAIN TRIBAL TRANSPORTATION FACILITIES.—Sec- warning device does not adversely affect the benchmarks; tion 1317 of MAP–21 (23 U.S.C. 109 note; 126 safety or mobility of bicyclists, pedestrians, or (3) may include programmatic reforms, re- Stat. 550) is amended— the disabled. visions to regulations, or proposals for legis- (A) in paragraph (1)(B), by striking ‘‘; and’’ ‘‘(iv) Installation of a skid-resistant surface at lation; and and inserting a period; an intersection or other location with a high (4) shall be considered in any rulemaking (B) beginning in the matter preceding para- frequency of accidents. by the Department of Homeland Security re- graph (1), by striking ‘‘Not later than’’ and all ‘‘(v) An improvement for pedestrian or bicy- lating to the Program. that follows through ‘‘(1) designate’’ and insert- clist safety or safety of the disabled. (d) INSPECTOR GENERAL REVIEW.—If a cor- ing the following: ‘‘(vi) Construction of any project for the elimi- rective action plan is submitted under sub- ‘‘(a) DESIGNATION OF CATEGORICAL EXCLU- nation of hazards at a railway-highway cross- section (c), the Inspector General of the De- SIONS.— ing that is eligible for funding under section 130 partment of Homeland Security shall— ‘‘(1) IN GENERAL.—Subject to paragraph (2), of title 23, United States Code, including the (1) not later than 120 days after the date of not later than 180 days after the date of enact- separation or protection of grades at railway- such submission, review the extent to which ment of this Act, the Secretary shall designate’’; highway crossings. such plan implements the requirements (C) in paragraph (2)— ‘‘(vii) Construction of a railway-highway under subsection (c); and (i) by striking ‘‘paragraph (1)’’ and inserting crossing safety feature, including installation of (2) not later than 18 months after the date ‘‘subsection (a)’’; and protective devices. of such submission, and annually thereafter (ii) by striking ‘‘(2) not later than’’ and in- ‘‘(viii) The conduct of a model traffic enforce- for 3 years, submit a report to the congres- serting the following: ment activity at a railway-highway crossing. sional committees set forth in subsection (c) ‘‘(b) REGULATIONS.—The Secretary shall, not ‘‘(ix) Construction of a traffic calming fea- that describes the progress of the implemen- later than’’; and ture. tation of such plan. (D) in subsection (a) (as designated by sub- ‘‘(x) Elimination of a roadside obstacle. paragraph (B)), by adding at the end the fol- ‘‘(xi) Improvement of highway signage and The amendment was ordered to be lowing: pavement markings. engrossed, and the bill to be read a ‘‘(2) APPLICATION OF CATEGORICAL EXCLUSIONS ‘‘(xii) Installation of a priority control system third time. TO CERTAIN TRIBAL TRANSPORTATION FACILI- for emergency vehicles at signalized intersec- The bill was read the third time. TIES.—With respect to a project described in tions. The bill (H.R. 710), as amended, was paragraph (1) that is located on a road eligible ‘‘(xiii) Installation of a traffic control or other passed. for assistance under section 202 of title 23, warning device at a location with high accident United States Code, for the first full fiscal year potential. f after the date of enactment of the TIRES Act, ‘‘(xiv) Safety-conscious planning. TRIBAL INFRASTRUCTURE AND and each fiscal year thereafter, the amount re- ‘‘(xv) Improvements in the collection and ROADS ENHANCEMENT AND ferred to in paragraph (1)(A) shall be adjusted analysis of crash data. SAFETY ACT to reflect changes for the 12-month period end- ‘‘(xvi) Planning integrated interoperable emer- ing the preceding November 30 in the Consumer gency communications equipment, operational Mr. PORTMAN. Mr. President, I ask Price Index for All Urban Consumers published activities, or traffic enforcement activities, in- unanimous consent that the Senate by the Bureau of Labor Statistics of the Depart- cluding police assistance, relating to workzone proceed to the immediate consider- ment of Labor.’’. safety. ation of Calendar No. 378, S. 1776. (b) ADMINISTRATION.—The Secretary may ‘‘(xvii) Installation of guardrails, barriers, in- The PRESIDING OFFICER. The issue guidance or rules for the administration of cluding barriers between construction work clerk will report the bill by title. this section. zones and traffic lanes for the safety of motor- The senior assistant legislative clerk (c) EFFECTIVE DATE.— ists and workers, and crash attenuators. ‘‘(xviii) The addition or retrofitting of struc- read as follows: (1) IN GENERAL.—The categorical exclusions described in subsection (a), and the amendments tures or other measures to eliminate or reduce A bill (S. 1776) to enhance tribal road safe- made by subsection (a), take effect on the date accidents involving vehicles and wildlife. ty, and for other purposes. of enactment of this Act. ‘‘(xix) Installation and maintenance of signs, There being no objection, the Senate (2) FAILURE OF SECRETARY TO ACT.—The fail- including fluorescent, yellow-green signs, at pe- proceeded to consider the bill, which ure of the Secretary to promulgate any final destrian-bicycle crossings and in school zones. had been reported from the Committee regulations or guidance shall not affect the ‘‘(xx) Construction and yellow-green signs at on Indian Affairs, with an amendment qualification for the categorical exclusions de- pedestrian-bicycle crossings and in school zones. scribed in subsection (a). ‘‘(xxi) Construction and operational improve- to strike all after the enacting clause SEC. 4. STREAMLINING FOR TRIBAL PUBLIC SAFE- ments on high-risk rural roads. and insert in lieu thereof the following: TY PROJECTS WITHIN EXISTING ‘‘(xxii) Any other project that the Secretary SECTION 1. SHORT TITLE. OPERATIONAL RIGHTS-OF-WAY. determines qualifies.’’; This Act may be cited as the ‘‘Tribal Infra- Section 1316 of MAP–21 (23 U.S.C. 109 note; (2) by redesignating subsections (a) and (b) as structure and Roads Enhancement and Safety 126 Stat. 549) is amended— subsections (b) and (a), respectively, and moving Act’’ or ‘‘TIRES Act’’. (1) in subsection (b)— the subsections so as to appear in alphabetical SEC. 2. DEFINITIONS. (A) by striking ‘‘(b) DEFINITION OF AN OPER- order; In this Act: ATIONAL RIGHT-OF-WAY.—In this section, the’’ (3) in subsection (b) (as so redesignated), in (1) INDIAN RESERVATION.—The term ‘‘Indian and inserting the following: the subsection heading, by striking ‘‘IN GEN- reservation’’ has the meaning given the term ‘‘(b) DEFINITIONS.—In this section: ERAL’’ and inserting ‘‘DESIGNATION’’; and

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00217 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.147 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7148 CONGRESSIONAL RECORD — SENATE December 9, 2016

(4) by adding at the end the following: sponsibilities of the responsible Federal official (4) ADDITIONAL BUDGETARY RESOURCES.—The ‘‘(c) PROJECTS WITHIN EXISTING OPERATIONAL under those laws. Secretary shall include in the report under RIGHTS-OF-WAY.— SEC. 7. TRIBAL GOVERNMENT TRANSPORTATION paragraph (1) the identification of Federal ‘‘(1) APPLICABILITY.—This subsection applies SAFETY DATA REPORT. transportation funds provided to Indian tribes to a project within an existing operational right- (a) FINDINGS.—Congress finds that— by agencies in addition to the Department of the of-way on an Indian reservation (as defined in (1) in many States, the Native American popu- Interior. section 3 of the Indian Financing Act of 1974 (25 lation is disproportionately represented in fa- SEC. 8. BUREAU OF INDIAN AFFAIRS ROAD SAFE- U.S.C. 1452)) that is— talities and crash statistics; TY STUDY. ‘‘(A) for a maintenance or preservation activ- (2) improved crash reporting by tribal law en- Not later than 2 years after the date of enact- ity, whether or not federally funded, within the forcement agencies would facilitate safety plan- ment of this Act, the Secretary, acting through existing operational right-of-way, including for ning and would enable Indian tribes to apply the Assistant Secretary for Indian Affairs, in roadside ditches; or more successfully for State and Federal funds consultation with the Secretary of Transpor- ‘‘(B) a project that— for safety improvements; tation, the Attorney General, and States, shall— ‘‘(i) is a tribal public safety project or a (3) the causes of underreporting of crashes on (1) complete a study that identifies and evalu- project that the tribal department of transpor- Indian reservations include— ates options for improving safety on— tation or the equivalent (or in the case of an In- (A) tribal law enforcement capacity, includ- (A) public roads on or near Indian reserva- dian tribe without a tribal department of trans- ing— tions; and portation or equivalent, an official representing (i) staffing shortages and turnover; and (B) rural roads located in or around Alaska the Indian tribe) certifies to the Secretary as (ii) lack of equipment, software, and training; Native villages and within the boundaries of Re- providing a safety benefit to the public; and and gional Corporations (within the meaning of the (B) lack of standardization in crash reporting ‘‘(ii) is an action that— Alaska Native Claims Settlement Act (43 U.S.C. forms and protocols; and ‘‘(I) is categorically excluded under section 1601 et seq.)); and (4) without more accurate reporting of crashes (2) submit to the Committee on Indian Affairs 771.117 of title 23, Code of Federal Regulations on Indian reservations and rural roads located of the Senate and the Committee on Natural Re- (or successor regulations); or in or around Alaska Native villages and within sources of the House of Representatives a report ‘‘(II) would be categorically excluded under the boundaries of Regional Corporations (within describing the results of the study. section 771.117 of title 23, Code of Federal Regu- the meaning of the Alaska Native Claims Settle- lations (or successor regulations), if the appli- SEC. 9. TRIBAL TRANSPORTATION FUNDING. ment Act (43 U.S.C. 1601 et seq.)), it is difficult cant were a State agency. (a) IN GENERAL.—Section 1101(a)(3) of MAP– or impossible to fully understand the nature of 21 (Public Law 112–141; 126 Stat. 414) is amend- ‘‘(2) FINAL ACTION.—Except as provided in the problem and develop appropriate counter- paragraph (3), a Federal agency shall take final ed— measures, which may include effective transpor- (1) by striking subparagraph (A) and inserting action on an application by an Indian tribe for tation safety planning and programs aimed at— the following: a permit, approval, or jurisdictional determina- (A) DUI prevention; ‘‘(A) TRIBAL TRANSPORTATION PROGRAM.—For tion for a project described in paragraph (1) not (B) pedestrian safety; the tribal transportation program under section later than 45 days after the date of receipt of (C) roadway safety improvements; 202 of title 23, United States Code (other than the application. (D) seat belt usage; and subsection (d) of that section), there are author- ‘‘(3) EXTENSIONS.—A Federal agency may ex- (E) proper use of child restraints. ized to be appropriated— tend the period to take final action on an appli- (b) REPORT TO CONGRESS.— ‘‘(i) $468,180,000 for fiscal year 2016; cation by an Indian tribe under paragraph (2) (1) IN GENERAL.—Not later than 1 year after ‘‘(ii) $477,540,000 for fiscal year 2017; by an additional 30 days by providing to the the date of enactment of this Act, the Secretary, ‘‘(iii) $487,090,000 for fiscal year 2018; Secretary and the Indian tribe notice of the ex- after consultation with the Secretary of Trans- ‘‘(iv) $496,830,000 for fiscal year 2019; tension, including a statement of the need for portation, the Secretary of Health and Human ‘‘(v) $506,770,000 for fiscal year 2020; and the extension. Services, the Attorney General, and Indian ‘‘(vi) $516,905,400 for fiscal year 2021.’’; and ‘‘(4) CONSTRUCTIVE APPROVAL.—If a Federal tribes, shall submit to the Committee on Indian (2) by adding at the end the following: ‘‘(D) TRIBAL TRANSPORTATION FACILITY agency does not take final action on an applica- Affairs of the Senate and the Committee on Nat- BRIDGE PROGRAM.—For the tribal transportation tion by an Indian tribe under paragraphs (2) ural Resources of the House of Representatives facility bridge program under section 202(d) of and (3)— a report describing the quality of transportation title 23, United States Code, there are author- ‘‘(A) the permit or approval for the project de- safety data collected by States and counties for scribed in paragraph (1) shall be considered ap- ized to be appropriated— transportation safety systems and the relevance ‘‘(i) $16,000,000 for fiscal year 2016; proved; and of that data to improving the collection and ‘‘(ii) $18,000,000 for fiscal year 2017; ‘‘(B) the Indian tribe shall notify the Sec- sharing of data on crashes on or near— ‘‘(iii) $20,000,000 for fiscal year 2018; retary of approval under this paragraph. (A) Indian reservations; or ‘‘(iv) $22,000,000 for fiscal year 2019; ‘‘(5) REPORT.—Not later than 4 years after the (B) rural roads located in or around Alaska ‘‘(v) $24,000,000 for fiscal year 2020; and date of enactment of the ‘TIRES Act’, the Sec- Native villages and within the boundaries of Re- ‘‘(vi) $26,000,000 for fiscal year 2021.’’. retary shall submit to Congress a report that de- gional Corporations (within the meaning of the (3) TRIBAL TRANSPORTATION FACILITY BRIDGE scribes the operation of this subsection, includ- Alaska Native Claims Settlement Act (43 U.S.C. PROGRAM.—Section 202(d) of title 23, United ing any recommendations.’’. 1601 et seq.)). States Code, is amended by striking paragraph SEC. 5. BUREAU OF INDIAN AFFAIRS REDUCTION (2) PURPOSES.—The purposes of the report de- (2) and inserting the following: IN ADMINISTRATIVE FEE. scribed in paragraph (1) are— ‘‘(2) TRIBAL TRANSPORTATION FACILITY BRIDGE Section 202(a)(6) of title 23, United States (A) to improve the collection and sharing of PROGRAM.—The Secretary shall use funds made Code, is amended by striking ‘‘6 percent’’ and data on crashes on or near Indian reservations; available to carry out this subsection— inserting ‘‘5 percent for each fiscal year’’. and ‘‘(A) to carry out any planning, design, engi- (B) to develop data that Indian tribes can use neering, preconstruction, construction, and in- SEC. 6. OPTION OF ASSUMING NEPA APPROVAL to recover damages to tribal property caused by spection of new or replacement tribal transpor- AUTHORITY. motorists. tation facility bridges; (a) DEFINITION OF SECRETARY.—In this sec- (3) PAPERLESS DATA REPORTING.—In preparing ‘‘(B) to replace, rehabilitate, seismically ret- tion, the term ‘‘Secretary’’ means the Secretary the report under paragraph (1), the Secretary rofit, paint, apply calcium magnesium acetate, of the Interior or the Secretary of Transpor- shall provide Indian tribes with options and best sodium acetate/formate, or other environ- tation, as applicable. practices for transition to a paperless transpor- mentally acceptable, minimally corrosive anti- (b) ASSUMPTION OF FEDERAL RESPONSIBIL- tation safety data reporting system that— icing and deicing composition; or ITIES.—An Indian tribe participating in tribal (A) improves the collection of crash reports; ‘‘(C) to implement any countermeasure for de- self-governance or a contract or agreement (B) stores, archives, queries, and shares crash ficient tribal transportation facility bridges, in- under subsection (a)(2) or (b)(7) of section 202 of records; and cluding multiple-pipe culverts.’’. title 23, United States Code, and carrying out (C) uses data exclusively— construction projects on the Indian reservation Mr. PORTMAN. Mr. President, I ask (i) to address traffic safety issues on— unanimous consent that the com- over which the Indian tribe has jurisdiction, (I) Indian reservations; and may elect to assume all Federal responsibilities (II) rural roads located in or around Alaska mittee-reported amendment be with- under the National Environmental Policy Act of Native villages and within the boundaries of Re- drawn; that the Barrasso substitute 1969 (42 U.S.C. 4321 et seq.), division A of sub- gional Corporations (within the meaning of the amendment be agreed to; that the bill, title III of title 54, United States Code, and Alaska Native Claims Settlement Act (43 U.S.C. as amended, be read a third time and other applicable Federal law that would apply 1601 et seq.)); and passed; and that the motion to recon- if the Secretary were to undertake a construc- (ii) to identify and improve problem areas sider be considered made and laid upon tion project if the Indian tribe— on— the table. (1) designates an officer— (I) public roads on Indian reservations; and (A) to represent the Indian tribe; and (II) rural roads located in or around Alaska The PRESIDING OFFICER. Without (B) to assume the status of a responsible Fed- Native villages and within the boundaries of Re- objection, it is so ordered. eral official under those laws; and gional Corporations (within the meaning of the The committee-reported amendment (2) accepts the jurisdiction of the Federal Alaska Native Claims Settlement Act (43 U.S.C. in the nature of a substitute was with- court for the purpose of enforcement of the re- 1601 et seq.)). drawn.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00218 Fmt 4637 Sfmt 0634 E:\CR\FM\A09DE6.162 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7149 The amendment (No. 5184) in the na- Director of the United States Fish and Wild- (The resolution is printed in today’s ture of a substitute was agreed to. life Service (referred to in this section as the RECORD under ‘‘Submitted Resolu- (The amendment is printed in today’s ‘‘Director’’) shall issue a proposed rule to tions.’’) amend section 14.92 of title 50, Code of Fed- RECORD under ‘‘Text of Amendments.’’) f The bill (S. 1776), as amended, was or- eral Regulations, to establish expedited procedures relating to the export permission re- dered to be engrossed for a third read- AMERICAN INNOVATION AND quirements of section 9(d)(1) of the Endan- COMPETITIVENESS ACT ing, was read the third time, and gered Species Act of 1973 (16 U.S.C. 1538(d)(1)) passed. for fish or wildlife described in subsection Mr. PORTMAN. Mr. President, I ask f (c). unanimous consent that the Senate (b) EXEMPTIONS.— proceed to the immediate consider- CROSS-BORDER TRADE (1) IN GENERAL.—As part of the rulemaking ation of Calendar No. 695, S. 3084. ENHANCEMENT ACT OF 2016 under subsection (a), subject to paragraph The PRESIDING OFFICER. The Mr. PORTMAN. Mr. President, I ask (2), the Director may provide an exemption clerk will report the bill by title. from the requirement to procure— unanimous consent that the Senate The senior assistant legislative clerk proceed to the immediate consider- (A) permission under section 9(d)(1) of the Endangered Species Act of 1973 (16 U.S.C. read as follows: ation of H.R. 875, which was received 1538(d)(1)); or A bill (S. 3084) to invest in innovation from the House. (B) an export license under subpart I of through research and development, and to The PRESIDING OFFICER. The part 14 of title 50, Code of Federal Regula- improve the competitiveness of the United clerk will report the bill by title. tions. States. The senior assistant legislative clerk (2) LIMITATIONS.—The Director shall not There being no objection, the Senate read as follows: provide an exemption under paragraph (1)— proceeded to consider the bill, which A bill (H.R. 875) to provide for alternative (A) unless the Director determines that the had been reported from the Committee exemption will not have a significant nega- financing arrangements for the provision of on Commerce, Science, and Transpor- certain services and the construction and tive impact on the conservation of the spe- maintenance of infrastructure at land border cies that is the subject of the exemption; or tation, with an amendment to strike ports of entry, and for other purposes. (B) to an entity that has been convicted of all after the enacting clause and insert There being no objection, the Senate a violation of a Federal law relating to the in lieu thereof the following: importation, transportation, or exportation proceeded to consider the bill. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. of wildlife during a period of not less than 5 (a) SHORT TITLE.—This Act may be cited as Mr. PORTMAN. Mr. President, I ask years ending on the date on which the entity unanimous consent that the bill be the ‘‘American Innovation and Competitiveness applies for exemption under paragraph (1). Act’’. considered read a third time and passed (c) COVERED FISH OR WILDLIFE.—The fish or (b) TABLE OF CONTENTS.—The table of con- and the motion to reconsider be consid- wildlife described in this subsection are the tents of this Act is as follows: species commonly known as sea urchins and ered made and laid upon the table. Sec. 1. Short title; table of contents. sea cucumbers (including any product of a The PRESIDING OFFICER. Without Sec. 2. Definitions. objection, it is so ordered. sea urchin or sea cucumber) that— Sec. 3. Authorization of appropriations. (1) do not require a permit under part 16, The bill (H.R. 875) was ordered to a TITLE I—MAXIMIZING BASIC RESEARCH third reading, was read the third time, 17, or 23 of title 50, Code of Federal Regula- tions; and Sec. 101. Reaffirmation of merit-based peer re- and passed. (2) are exported for purposes of human or view. f animal consumption. Sec. 102. Transparency and accountability. The amendment was ordered to be Sec. 103. EPSCoR reaffirmation and update. EXEMPTING EXPORTATION OF Sec. 104. Cybersecurity research. CERTAIN ECHINODERMS AND engrossed, and the bill to be read a Sec. 105. Networking and information tech- MOLLUSKS FROM LICENSING RE- third time. nology research and development QUIREMENTS UNDER THE EN- The bill was read the third time. update. DANGERED SPECIES ACT OF 1973 The bill (H.R. 4245), as amended, was Sec. 106. High-energy physics coordination. passed. Sec. 107. Laboratory program improvements. Mr. PORTMAN. Mr. President, I ask Sec. 108. International activities. f unanimous consent that the Senate Sec. 109. Standard Reference Data Act update. proceed to the immediate consider- AUTHORIZING TAKING PICTURES Sec. 110. NSF mid-scale project investments. ation of H.R. 4245, which was received AND FILMING IN THE SENATE Sec. 111. Oversight of NSF large-scale research from the House. CHAMBER, THE SENATE WING OF facility projects. The PRESIDING OFFICER. The THE UNITED STATES CAPITOL, Sec. 112. Conflicts of interest. Sec. 113. Management of the NSF Antarctic clerk will report the bill by title. AND SENATE OFFICE BUILDINGS The senior assistant legislative clerk Program. Sec. 114. NIST campus security. read as follows: Mr. PORTMAN. Mr. President, I ask unanimous consent that the Senate Sec. 115. Federal coordination of sustainable A bill (H.R. 4245) to exempt exportation of proceed to the consideration of S. Res. chemistry research and develop- certain echinoderms and mollusks from li- ment. censing requirements under the Endangered 642, submitted earlier today. TITLE II—ADMINISTRATIVE AND Species Act of 1973. The PRESIDING OFFICER. The clerk will report the resolution by REGULATORY BURDEN REDUCTION There being no objection, the Senate Sec. 201. Interagency working group on re- proceeded to consider the bill. title. The senior assistant legislative clerk search regulation. Mr. PORTMAN. Mr. President, I fur- Sec. 202. Scientific and technical collaboration. ther ask that the King amendment, read as follows: Sec. 203. NIST grants and cooperative agree- which is at the desk, be agreed to; that A resolution (S. Res. 642) authorizing tak- ments update. the bill, as amended, be read a third ing pictures and filming in the Senate Cham- Sec. 204. Repeal of certain obsolete reports. time and passed; and that the motion ber, the Senate Wing of the United States Sec. 205. Repeal of certain provisions. Capitol, and Senate Office Buildings for pro- to reconsider be considered made and Sec. 206. Grant subrecipient transparency and duction of a film and a book on the history oversight. laid upon the table with no intervening of the Senate. Sec. 207. Micro-purchase threshold for procure- action or debate. There being no objection, the Senate ment solicitations by research in- The PRESIDING OFFICER. Without proceeded to consider the resolution. stitutions. objection, it is so ordered. Mr. PORTMAN. Mr. President, I ask TITLE III—SCIENCE, TECHNOLOGY, The amendment (No. 5185) in the na- unanimous consent that the resolution ENGINEERING, AND MATH EDUCATION ture of a substitute was agreed to, as be agreed to and the motion to recon- Sec. 301. Robert Noyce Teacher Scholarship follows: sider be considered made and laid upon Program update. (Purpose: In the nature of a substitute) the table with no intervening action or Sec. 302. Space grants. Strike all after the enacting clause and in- debate. Sec. 303. STEM Education Advisory Panel. sert the following: Sec. 304. Committee on STEM Education. The PRESIDING OFFICER. Without SECTION 1. EXPEDITED EXPORTATION OF CER- Sec. 305. Grant programs to expand STEM op- TAIN SPECIES. objection, it is so ordered. portunities. (a) IN GENERAL.—Not later than 180 days The resolution (S. Res. 642) was Sec. 306. Centers of excellence for inclusion in after the date of enactment of this Act, the agreed to. STEM.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00219 Fmt 4637 Sfmt 6343 E:\CR\FM\G09DE6.192 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7150 CONGRESSIONAL RECORD — SENATE December 9, 2016 Sec. 307. NIST education and outreach. TITLE I—MAXIMIZING BASIC RESEARCH colon at the end and inserting ‘‘with 28 States Sec. 308. Presidential awards for excellence in SEC. 101. REAFFIRMATION OF MERIT-BASED PEER and jurisdictions, taken together, receiving only STEM mentoring. REVIEW. about 12 percent of all National Science Foun- Sec. 309. Working group on inclusion in STEM (a) SENSE OF CONGRESS.—It is the sense of dation research funding;’’; fields. Congress that— (3) by striking paragraph (3) and inserting the Sec. 310. Improving undergraduate STEM expe- (1) the Foundation’s intellectual merit and following: riences. broader impacts criteria remain appropriate for ‘‘(3) each of the States described in paragraph Sec. 311. Computer science education research. evaluating grant proposals, as concluded by the (2) receives only a fraction of 1 percent of the Sec. 312. Informal STEM education. 2011 National Science Board Task Force on Foundation’s research dollars each year;’’; and Sec. 313. Developing STEM apprenticeships. Merit Review; (4) by adding at the end the following: Sec. 314. NSF report on broadening participa- (2) evaluating proposals on the basis of the ‘‘(4) first established at the National Science tion. Foundation’s intellectual merit and broader im- Foundation in 1979, the Experimental Program Sec. 315. NOAA ocean and atmospheric science pacts criteria assures that— to Stimulate Competitive Research (referred to education programs. (A) proposals funded by the Foundation are in this section as ‘EPSCoR’) assists States and of high quality and advance scientific knowl- jurisdictions historically underserved by Federal TITLE IV—LEVERAGING THE PRIVATE research and development funding in strength- SECTOR edge; and (B) the Foundation’s overall funding portfolio ening their research and innovation capabili- Sec. 401. Prize competition authority update. addresses societal needs through research find- ties; Sec. 402. Crowdsourcing and citizen science. ings or through related activities; and ‘‘(5) the EPSCoR structure requires each par- Sec. 403. NIST other transaction authority up- (3) as evidenced by the Foundation’s contribu- ticipating State to develop a science and tech- date. tions to scientific advancement, economic devel- nology plan suited to State and local research, Sec. 404. NIST Visiting Committee on Advanced opment, human health, and national security, education, and economic interests and objec- Technology update. its peer review and merit review processes have tives; TITLE V—MANUFACTURING successfully identified and funded scientifically ‘‘(6) EPSCoR has been credited with advanc- and societally relevant research and should be ing the research competitiveness of participating Sec. 501. Hollings manufacturing extension States, improving awareness of science, pro- partnership improvements. preserved. (b) MERIT REVIEW CRITERIA.—The Founda- moting policies that link scientific investment Sec. 502. Federal loan guarantees for innova- and economic growth, and encouraging partner- tive technologies in manufac- tion shall maintain the intellectual merit and broader impacts criteria, among other specific ships between government, industry, and aca- turing. demia; Sec. 503. Manufacturing communities. criteria as appropriate, as the basis for evaluating grant proposals in the merit review proc- ‘‘(7) EPSCoR proposals are evaluated through TITLE VI—INNOVATION, COMMERCIALIZA- ess. a rigorous and competitive merit-review process TION, AND TECHNOLOGY TRANSFER (c) UPDATES.—If after the date of enactment to ensure that awarded research and develop- Sec. 601. Innovation corps. of this Act a change is made to the merit-review ment efforts meet high scientific standards; and Sec. 602. Translational research grants. process, the Director shall submit a report to the ‘‘(8) according to the National Academy of Sec. 603. Optics and photonics technology inno- appropriate committees of Congress not later Sciences, EPSCoR has strengthened the na- vations. than 30 days after the date of the change. tional research infrastructure and enhanced the educational opportunities needed to develop the Sec. 604. Authorization of appropriations for SEC. 102. TRANSPARENCY AND ACCOUNTABILITY. science and engineering workforce.’’. the Regional Innovation Program. (a) FINDINGS.—Congress finds that the Foun- (b) SENSE OF CONGRESS.— SEC. 2. DEFINITIONS. dation has improved transparency and account- (1) IN GENERAL.—It is the sense of Congress In this Act, unless expressly provided other- ability of the outcomes made through the merit that— wise: review process. (A) since maintaining the Nation’s scientific (1) APPROPRIATE COMMITTEES OF CONGRESS.— (b) GUIDANCE.— and economic leadership requires the participa- The term ‘‘appropriate committees of Congress’’ (1) IN GENERAL.—The Director of the Founda- tion of talented individuals nationwide, means the Committee on Commerce, Science, and tion shall issue and periodically update, as ap- EPSCoR investments into State research and Transportation of the Senate and the Committee propriate, policy guidance for both Foundation education capacities are in the Federal interest on Science, Space, and Technology of the House staff and other Foundation merit review process and should be sustained; and of Representatives. participants, clarifying the importance of trans- (B) EPSCoR should maintain its experimental (2) FEDERAL SCIENCE AGENCY.—The term parency and accountability of the outcomes component by supporting innovative methods ‘‘Federal science agency’’ has the meaning made through the merit review process. for improving research capacity and competi- given the term in section 103 of the America (2) REQUIREMENTS.—The guidance under tiveness. COMPETES Reauthorization Act of 2010 (42 paragraph (1) shall require that each abstract (2) DEFINITION OF EPSCOR.—In this subsection, U.S.C. 6623). for a Foundation-funded research project— the term ‘‘EPSCoR’’ has the meaning given the (3) FOUNDATION.—The term ‘‘Foundation’’ (A) provide a clear justification for any Fed- term in section 502 of the America COMPETES means the National Science Foundation. eral funds that will be expended, including by— Reauthorization Act of 2010 (42 U.S.C. 1862p (4) INSTITUTION OF HIGHER EDUCATION.—The (i) describing how the project— note). term ‘‘institution of higher education’’ has the (I) reflects the mission statement of the Foun- (c) AWARD STRUCTURE UPDATES.—Section 517 meaning given the term in section 101(a) of the dation; and of the America COMPETES Reauthorization Act (II) addresses both of the National Science Higher Education Act of 1965 920 U.S.C. of 2010 (42 U.S.C. 1862p–9) is amended by adding Board-approved merit review criteria; and 1001(a)). at the end the following: (ii) clearly identifying the research priorities (5) NIST.—The term ‘‘NIST’’ means the Na- ‘‘(g) AWARD STRUCTURE UPDATES.—In imple- of the project in a manner that can be easily un- tional Institute of Standards and Technology. menting the mandate to maximize the impact of derstood by both technical and non-technical (6) STEM.—The term ‘‘STEM’’ has the mean- Federal EPSCoR support on building competi- audiences; and ing given the term in section 2 of the American tive research infrastructure, and based on the (B) be publicly available at the time of award. COMPETES Reauthorization Act of 2010 (42 inputs and recommendations of previous (c) EXAMINATION.—Not later than 180 days EPSCoR reviews, the head of each Federal U.S.C. 6621 note). after the date of enactment of this Act, the Na- agency administering an EPSCoR program (7) STEM EDUCATION.—The term ‘‘STEM edu- tional Science Board shall— shall— cation’’ has the meaning given the term in sec- (1) examine the efforts by the Foundation to tion 2 of the STEM Education Act of 2015 (42 ‘‘(1) consider modifications to EPSCoR pro- improve transparency and accountability in the posal solicitation, award type, and project eval- U.S.C. 6621 note). merit-review process; and SEC. 3. AUTHORIZATION OF APPROPRIATIONS. uation— (2) submit to the appropriate committees of ‘‘(A) to more closely align with current agency (a) FISCAL YEAR 2017.— Congress a report on the examination, including priorities and initiatives; (1) NATIONAL INSTITUTE OF STANDARDS AND any recommendations for how to further im- ‘‘(B) to focus EPSCoR funding on achieving TECHNOLOGY.—There is authorized to be appro- prove transparency and accountability of the critical scientific, infrastructure, and edu- priated to the Secretary of Commerce outcomes made through the merit-review proc- cational needs of that agency; $974,000,000 for NIST for fiscal year 2017. ess. ‘‘(C) to encourage collaboration between (2) NATIONAL SCIENCE FOUNDATION.—There is SEC. 103. EPSCOR REAFFIRMATION AND UPDATE. EPSCoR-eligible institutions and researchers, authorized to be appropriated to the Founda- (a) FINDINGS.—Section 517(a) of the America including with institutions and researchers in tion $7,510,000,000 for fiscal year 2017. COMPETES Reauthorization Act of 2010 (42 other States and jurisdictions; (b) FISCAL YEAR 2018.— U.S.C. 1862p–9(a)) is amended— ‘‘(D) to improve communication between State (1) NATIONAL INSTITUTE OF STANDARDS AND (1) in paragraph (1)— and Federal agency proposal reviewers; and TECHNOLOGY.—There is authorized to be appro- (A) by striking ‘‘The National’’ and inserting ‘‘(E) to continue to reduce administrative bur- priated to the Secretary of Commerce ‘‘the National’’; and dens associated with EPSCoR; $1,013,000,000 for NIST for fiscal year 2018. (B) by striking ‘‘education,’’ and inserting ‘‘(2) consider modifications to EPSCoR award (2) NATIONAL SCIENCE FOUNDATION.—There is ‘‘education’’; structures— authorized to be appropriated to the Founda- (2) in paragraph (2), by striking ‘‘with 27 ‘‘(A) to emphasize long-term investments in tion $7,810,000,000 for fiscal year 2018. States’’ and all that follows through the semi- building research capacity, potentially through

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00220 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7151

the use of larger, renewable funding opportuni- ‘‘(2) EPSCOR.—The term ‘EPSCoR’ means— (2) in subparagraph (H), by striking ‘‘and’’ at ties; and ‘‘(A) the Established Program to Stimulate the end; ‘‘(B) to allow the agency, States, and jurisdic- Competitive Research established by the Foun- (3) in subparagraph (I), by striking the period tions to experiment with new research and de- dation; or at the end and inserting a semicolon; and velopment funding models; and ‘‘(B) a program similar to the Established Pro- (4) by adding at the end the following: ‘‘(3) consider modifications to the mechanisms gram to Stimulate Competitive Research at an- ‘‘(J) provide for research on the interplay of used to monitor and evaluate EPSCoR awards— other Federal agency.’’. computing and people, including social com- ‘‘(A) to increase collaboration between (2) TECHNICAL AND CONFORMING AMEND- puting and human-robot interaction; EPSCoR-funded researchers and agency staff, MENTS.—Section 113 of the National Science ‘‘(K) provide for research on cyber-physical including by providing opportunities for men- Foundation Authorization Act of 1988 (42 U.S.C. systems and improving the methods available for toring young researchers and for the use of Fed- 1862g) is amended— the design, development, and operation of those eral facilities; (A) in the heading, by striking ‘‘EXPERI- systems that are characterized by high reli- ‘‘(B) to identify and disseminate best prac- MENTAL’’ and inserting ‘‘ESTABLISHED’’; ability, safety, and security; tices; and (B) in subsection (a), by striking ‘‘an Experi- ‘‘(L) provide for the understanding of the ‘‘(C) to harmonize metrics across participating mental Program to Stimulate Competitive Re- science, engineering, policy, and privacy protec- Federal agencies, as appropriate.’’. search’’ and inserting ‘‘a program to stimulate tion related to networking and information (d) REPORTS.— competitive research (known as the ‘Established technology; (1) CONGRESSIONAL REPORTS.—Section 517 of Program to Stimulate Competitive Research’)’’; ‘‘(M) provide for the understanding of the the America COMPETES Reauthorization Act of and human facets of cyber threats and secure cyber 2010 (42 U.S.C. 1862p–9), as amended, is further (C) in subsection (b), by striking ‘‘the pro- systems; amended— gram’’ and inserting ‘‘the Program’’. ‘‘(N) provide for the transition of high-performance computing in hardware, system soft- (A) by striking subsection (c); SEC. 104. CYBERSECURITY RESEARCH. (B) by redesignating subsections (d) through ware, development tools, and applications into (a) FOUNDATION CYBERSECURITY RESEARCH.— (g) as subsections (c) through (f), respectively; development and operations; and Section 4(a)(1) of the Cyber Security Research (C) in subsection (c), as redesignated— ‘‘(O) foster public-private collaboration with and Development Act, as amended (15 U.S.C. (i) in paragraph (1), by striking ‘‘Experi- government, industry research laboratories, aca- 7403(a)(1)) is amended— mental Programs to Stimulate Competitive Re- demia, and nonprofit organizations to maximize (1) in subparagraph (O), by striking ‘‘and’’ at search’’ and inserting ‘‘EPSCoR’’; and research and development efforts and the bene- the end; (ii) in paragraph (2)— fits of networking and information technology, (2) in subparagraph (P), by striking the period (I) in subparagraphs (A) and (E), by striking including high-performance computing.’’. at the end and inserting a semicolon; and ‘‘EPSCoR and Federal EPSCoR-like programs’’ (b) REVIEW AND PLAN.—Section 101 of the and inserting ‘‘each EPSCoR’’; (3) by adding at the end the following: High-Performance Computing Act of 1991 (15 (II) in subparagraph (D), by striking ‘‘(Q) security of election-dedicated voting sys- U.S.C. 5511) is amended by adding at the end ‘‘EPSCoR and other Federal EPSCoR-like pro- tem software and hardware; and the following: ‘‘(R) role of the human factor in cybersecurity grams’’ and inserting ‘‘each EPSCoR’’; ‘‘(d) PERIODIC REVIEWS.—The heads of the (III) in subparagraph (E), by striking and the interplay of computers and humans and applicable agencies and departments working ‘‘EPSCoR or Federal EPSCoR-like programs’’ the physical world.’’. through the National Science and Technology and inserting ‘‘each EPSCoR’’; and (b) NIST CYBERSECURITY PRIORITIES.— Council and the Networking and Information (IV) in subparagraph (G), by striking (1) CRITICAL INFRASTRUCTURE AWARENESS.— Technology Research and Development Program ‘‘EPSCoR programs’’ and inserting ‘‘each The Director of NIST, in coordination with the shall— EPSCoR’’; and Secretary of Homeland Security, shall continue ‘‘(1) not later than 1 year after the date the (D) by amending subsection (d), as redesig- to raise public awareness of the voluntary, in- advisory committee submits a report under sub- nated, to read as follows: dustry-led cybersecurity standards and best section (b)(2), assess the structure of the Pro- ‘‘(d) FEDERAL AGENCY REPORTS.—Each Fed- practices for critical infrastructure developed gram, including the Program Component Areas eral agency that administers an EPSCoR shall under section 2(c)(15) of the National Institute and associated contents and funding levels, tak- submit to Congress, as part of its Federal budget of Standards and Technology Act (15 U.S.C. ing into consideration any relevant rec- submission— 272(c)(15)). ommendations of the advisory committee; and ‘‘(1) a description of the program strategy and (2) QUANTUM COMPUTING.—Under section 2(b) ‘‘(2) ensure that the Program includes objectives; of the National Institute of Standards and foundational and interdisciplinary information ‘‘(2) a description of the awards made in the Technology Act (15 U.S.C. 272(b)) and section 20 technology research and development activities. previous fiscal year, including— of that Act (15 U.S.C. 278g-3), the Director of ‘‘(e) STRATEGIC PLANS.— ‘‘(A) the total amount made available, by NIST shall— ‘‘(1) IN GENERAL.—The heads of the applicable State, under EPSCoR; (A) research information systems for future agencies and departments, working through the ‘‘(B) the total amount of agency funding cybersecurity needs; and National Science and Technology Council and made available to all institutions and entities (B) coordinate with relevant stakeholders to the Networking and Information Technology within each EPSCoR State; develop a process— Research and Development Program shall de- ‘‘(C) the efforts and accomplishments to more (i) to research and identify or, if necessary, velop and implement strategic plans to guide fully integrate the EPSCoR States in major develop cryptography standards and guidelines emerging activities in specific Program Compo- agency activities and initiatives; for future cybersecurity needs, including quan- nent Areas, as the advisory committee deter- ‘‘(D) the percentage of EPSCoR reviewers tum-resistant cryptography standards; and mines relevant under subsection (b), of Federal from EPSCoR States; and (ii) to provide recommendations to Congress, networking and information technology re- ‘‘(E) the number of programs or large collabo- Federal agencies, and industry for a secure and search and development, and to guide the ac- rator awards involving a partnership of organi- smooth transition to the standards under clause tivities described in subsection (a)(1). zations and institutions from EPSCoR and non- (i). ‘‘(2) UPDATES.—The heads of the applicable EPSCoR States; and (3) VOTING.—Section 2(c) of the National In- agencies and departments shall update the stra- ‘‘(3) an analysis of the gains in academic re- stitute of Standards and Technology Act (15 tegic plans as appropriate. search quality and competitiveness, and in U.S.C. 272(c)) is amended— ‘‘(3) CONTENTS.—Each strategic plan shall— science and technology human resource develop- (A) by redesignating paragraphs (16) through ‘‘(A) specify near-term and long-term objec- ment, achieved by the program over the last 5 (23) as paragraphs (17) through (24), respec- tives for the Program, the anticipated schedule fiscal years.’’; and tively; and for achieving the near-term and long-term objec- (E) in subsection (e)(1), as redesignated, by (B) by inserting after paragraph (15) the fol- tives, and the metrics to be used for assessing striking ‘‘Experimental Program to Stimulate lowing: progress toward the near-term and long-term ob- Competitive Research or a program similar to ‘‘(16) perform research to support the develop- jectives; the Experimental Program to Stimulate Competi- ment of voluntary, consensus-based, industry- ‘‘(B) specify how the near-term and long-term tive Research’’ and inserting ‘‘EPSCoR’’. led standards and recommendations on the secu- objectives complement research and development (2) RESULTS OF AWARD STRUCTURE PLAN.—Not rity of computers, computer networks, and com- areas in which academia and the private sector later than 1 year after the date of enactment of puter data storage used in voting systems to en- is actively engaged; this Act, the EPSCoR Interagency Coordinating sure voters can vote securely and privately.’’. ‘‘(C) describe how the heads of the applicable Committee shall brief the appropriate committees SEC. 105. NETWORKING AND INFORMATION TECH- agencies and departments will support mecha- of Congress on the updates made to the award NOLOGY RESEARCH AND DEVELOP- nisms for foundational and interdisciplinary restructure under 517(f) of the America COM- MENT UPDATE. search and development in networking and in- PETES Reauthorization Act of 2010 (42 U.S.C. (a) NETWORKING AND INFORMATION TECH- formation technology, including through col- 1862p–9(f)), as amended by this subsection. NOLOGY RESEARCH AND DEVELOPMENT.—Section laborations— (e) DEFINITION OF EPSCOR.— 101(a)(1) of the High-Performance Computing ‘‘(i) across Federal agencies and departments; (1) IN GENERAL.—Section 502 of the America Act of 1991 (15 U.S.C. 5511(a)(1)) is amended— ‘‘(ii) across Program Component Areas; and COMPETES Reauthorization Act of 2010 (42 (1) in the matter preceding subparagraph (A), ‘‘(iii) with industry, Federal and private re- U.S.C. 1862p note) is amended by amending by inserting ‘‘IN GENERAL.—’’ before ‘‘The Presi- search laboratories, research entities, univer- paragraph (2) to read as follows: dent’’; sities, institutions of higher education, relevant

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00221 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7152 CONGRESSIONAL RECORD — SENATE December 9, 2016 nonprofit organizations, and international part- ‘‘(iv) the Department of Energy; and inserting ‘‘networking and information ners of the United States; ‘‘(v) the Department of Health and Human technology’’; ‘‘(D) describe how the heads of the applicable Services; (III) in subparagraphs (B) and (C), by strik- agencies and departments will foster the rapid ‘‘(vi) the Department of Homeland Security; ing ‘‘high-performance computing’’ and insert- transfer of research and development results ‘‘(vii) the Department of Justice; ing ‘‘high-end computing, including high-per- into new technologies and applications; ‘‘(viii) the Environmental Protection Agency; formance computing,’’; and ‘‘(E) describe how the Program will address ‘‘(ix) the National Aeronautics and Space Ad- (IV) in subparagraph (G), by striking ‘‘high- long-term challenges for which solutions require ministration; performance computing’’ and inserting ‘‘net- large-scale, long-term, foundational and inter- ‘‘(x) the National Archives and Records Ad- working and information technology, including disciplinary research and development; and ministration; high-performance computing,’’; and ‘‘(F) place emphasis on innovative and high- ‘‘(xi) the National Science Foundation; and (iii) in paragraph (2)— risk projects having the potential for substantial ‘‘(xii) such other agencies and departments as (I) in subparagraph (A), by striking ‘‘high- societal returns on the research investment. the President or the Director considers appro- performance computing research, development, ‘‘(4) PRIVATE SECTOR EFFORTS.—In devel- priate;’’; networking’’ and inserting ‘‘networking and in- oping, implementing, and updating strategic (3) in subparagraph (C), by striking ‘‘is sub- formation technology research and develop- plans, the heads of the applicable agencies and mitted,’’ and inserting ‘‘is submitted, the levels ment’’; departments, working through the National for the previous fiscal year,’’; (II) in subparagraph (E), by striking ‘‘high- Science and Technology Council and Net- (4) in subparagraph (D)— performance computing and networking sys- working and Information Technology Research (A) by striking ‘‘is submitted,’’ and inserting tems’’ and inserting ‘‘high-end computing and and Development Program, shall coordinate ‘‘is submitted, the levels for the previous fiscal networking systems’’; and with industry, academia, and other interested year,’’; and (III) in subparagraph (F), by striking ‘‘high- stakeholders to ensure, to the extent practicable, (B) by striking ‘‘and’’ after the semicolon; performance computing’’ and inserting ‘‘high- that the Federal networking and information (5) by redesignating subparagraph (E) as sub- end, including high-performance, computing’’; technology research and development activities paragraph (F); and (C) in subsection (b)(1), in the matter pre- carried out under this section do not duplicate (6) by inserting after subparagraph (D) the ceding subparagraph (A), by striking ‘‘high-per- the efforts of the private sector. following: formance computing’’ each place it appears and ‘‘(5) RECOMMENDATIONS.—In developing and ‘‘(E) include a description of how the objec- inserting ‘‘networking and information tech- updating strategic plans, the heads of the appli- tives for each Program Component Area, and nology’’; cable agencies and departments shall solicit rec- the objectives for activities that involve multiple (D) in subsection (b)(2), by striking ‘‘Com- ommendations and advice from— Program Component Areas, relate to the objec- mittee on Science and Technology’’ and insert- ‘‘(A) the advisory committee under subsection tives of the Program identified in the strategic ing ‘‘Committee on Science, Space, and Tech- (b); and plan under subsection (e);’’. nology’’; and ‘‘(B) a wide range of stakeholders, including (e) CONFORMING AMENDMENTS TO HIGH-PER- (E) in subsection (c)(1)(A), by striking ‘‘high- industry, academia, including representatives of FORMANCE COMPUTING ACT OF 1991.—The High- performance computing’’ and inserting ‘‘net- minority serving institutions and community Performance Computing Act of 1991 (15 U.S.C. working and information technology’’; colleges, National Laboratories, and other rel- 5501 et seq.) is amended— (5) in section 201(a)(1) (15 U.S.C. 5521(a)(1)), evant organizations and institutions. (1) in section 2 (15 U.S.C. 5501)— by striking ‘‘high-performance computing and ‘‘(f) REPORTS.—The heads of the applicable (A) in paragraphs (2) and (5), by striking advanced high-speed computer networking’’ and agencies and departments, working through the ‘‘high-performance computing’’ and inserting inserting ‘‘networking and information tech- National Science and Technology Council and ‘‘networking and information technology, in- nology’’; the Networking and Information Technology cluding high-performance computing,’’; and (6) in section 202(a) (15 U.S.C. 5522(a)), by Research and Development Program, shall sub- (B) in paragraph (3), by striking ‘‘high-per- striking ‘‘high-performance computing’’ and in- mit to the advisory committee, the Committee on formance computing’’ and inserting ‘‘net- serting ‘‘networking and information tech- Commerce, Science, and Transportation of the working and information technology, including nology’’; Senate, and the Committee on Science, Space, high-performance computing’’; (7) in section 203 (15 U.S.C. 5523(a))— and Technology of the House of Representa- (2) in section 3 (15 U.S.C. 5502)— (A) by striking ‘‘high-performance computing tives— (A) in the matter preceding paragraph (1) and and networking’’ and inserting ‘‘networking ‘‘(1) the strategic plans developed under subparagraph (1), by striking ‘‘high-performance and information technology’’; and section (e)(1); and computing’’ and inserting ‘‘networking and in- (B) by striking ‘‘high-performance computing ‘‘(2) each update under subsection (e)(2). formation technology’’ each place it appears; systems’’ and inserting ‘‘high-end, including ‘‘(g) DEFINITION OF APPLICABLE AGENCIES AND and high-performance, computing systems’’; DEPARTMENTS.—In this section, the term ‘appli- (B) in paragraph (2)— (8) in section 204 (15 U.S.C. 5524)— cable agencies and departments’ means the Fed- (i) by striking ‘‘high-performance computing (A) in subsection (a)(1)— eral agencies and departments identified in sub- and’’ and inserting ‘‘networking and informa- (i) in subparagraph (A), by striking ‘‘high- section (a)(3)(B) or designated under clause (xii) tion technology and’’; and performance computing systems and networks’’ of that subsection.’’. (ii) by striking ‘‘high-performance computing and inserting ‘‘networking and information (c) RESEARCH COORDINATION.—Section network’’ and inserting ‘‘networking and infor- technology systems’’; 101(a)(2) of the High-Performance Computing mation technology’’; (ii) in subparagraph (B), by striking ‘‘high- Act of 1991 (15 U.S.C. 5511(a)(2)) is amended— (3) in section 4 (15 U.S.C. 5503)— performance computing systems in networks’’ (1) in the matter preceding subparagraph (A), (A) in paragraphs (2) and (3), by striking and inserting ‘‘networking and information by inserting ‘‘REQUIREMENTS.—’’ before ‘‘The ‘‘high-performance computing’’ and inserting technology systems’’; and Director’’; and ‘‘networking and information technology’’; (iii) in subparagraph (C), by striking ‘‘high- (2) by amending subparagraph (C) to read as (B) by striking paragraph (5); performance computing systems’’ and inserting follows: (C) in paragraph (6), by striking ‘‘National ‘‘networking and information technology’’; and ‘‘(C) provide for the coordination of Federal High-Performance Computing’’ and inserting (B) in subsection (b)— networking and information technology re- ‘‘Networking and Information Technology Re- (i) in the heading, by striking ‘‘HIGH-PER- search, development, networking, and other ac- search and Development’’; and FORMANCE COMPUTING AND NETWORK’’ and in- tivities— (D) by redesignating paragraphs (3), (4), (6), serting ‘‘NETWORK AND INFORMATION TECH- ‘‘(i) among the applicable agencies and de- and (7) as paragraphs (4), (3), (5), and (6), re- NOLOGY SECURITY’’; and partments under the Program; and spectively; (ii) by striking ‘‘sensitive information in Fed- ‘‘(ii) to the extent practicable, with other Fed- (4) in section 101 (15 U.S.C. 5511)— eral computer systems’’ and inserting ‘‘agency eral agencies not identified in subsection (A) in the heading, by striking ‘‘NATIONAL information and information systems’’; and (a)(3)(B), other Federal and private research HIGH-PERFORMANCE COMPUTING’’ and inserting (9) in section 207 (15 U.S.C. 5527)— laboratories, industry, research entities, univer- ‘‘NETWORKING AND INFORMATION TECHNOLOGY (A) in subsection (a)(2), by striking ‘‘section sities, institutions of higher education, relevant RESEARCH AND DEVELOPMENT’’; 2315(a) of title 10’’ and inserting ‘‘section nonprofit organizations, and international part- (B) in subsection (a)— 3552(b)(6)(A) of title 44’’; and ners of the United States;’’. (i) in the heading, by striking ‘‘NATIONAL (B) in subsection (b), by striking ‘‘high-per- (d) BUDGET.—Section 101(a)(3) of the High- HIGH-PERFORMANCE COMPUTING’’ and inserting formance computing systems’’ and inserting Performance Computing Act of 1991 (15 U.S.C. ‘‘NETWORKING AND INFORMATION TECHNOLOGY ‘‘networking and information technology’’. 5511(a)(3)) is amended— RESEARCH AND DEVELOPMENT’’; (f) ADDITIONAL TECHNICAL AND CONFORMING (1) in the matter preceding subparagraph (A), (ii) in paragraph (1)— AMENDMENTS.— by inserting ‘‘CONTENTS OF ANNUAL REPORTS.— (I) in the matter preceding subparagraph (A), (1) NATIONAL NETWORKING AND INFORMATION ’’ before ‘‘The annual’’; by striking ‘‘National High-Performance Com- TECHNOLOGY PROGRAM.—Section 101 of the (2) in subparagraph (B), by striking clauses (i) puting’’ and inserting ‘‘Networking and Infor- High-Performance Computing Act of 1991 (15 through (xi) and inserting the following— mation Technology Research and Develop- U.S.C. 5511), as amended, is further amended— ‘‘(i) the Department of Commerce; ment’’; (A) in subsection (b)— ‘‘(ii) the Department of Defense; (II) in subparagraph (A), by striking ‘‘high- (i) in paragraph (1), by inserting ‘‘ADVISORY ‘‘(iii) the Department of Education; performance computing, including networking’’ COMMITTEE.—’’ before ‘‘The President shall’’;

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00222 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7153

(ii) in paragraph (2), by inserting ‘‘ADDI- United States competitiveness in high-energy ‘‘(I) to calibrate or characterize the perform- TIONAL DUTIES.—’’ before ‘‘In addition to’’; and physics; ance of a detection or measurement system; or (iii) in paragraph (3), by inserting ‘‘FACA.— (4) propose methods for engagement with ‘‘(II) to interpolate or extrapolate, or both, ’’ before ‘‘Section 14’’; and international, Federal, and State agencies and data described in subparagraph (A) through (C); (B) in subsection (c)— Federal laboratories not represented on the Na- and (i) in paragraph (1), by inserting ‘‘REPORTS.— tional Science and Technology Council to iden- ‘‘(B) that is critically evaluated as to its reli- ’’ before ‘‘Each Federal’’; and tify and reduce regulatory, logistical, and fiscal ability under section 3 of this Act. (ii) in paragraph (2), by inserting ‘‘OMB RE- barriers that inhibit United States leadership in ‘‘(2) SECRETARY.—The term ‘Secretary’ means VIEW.—’’ before ‘‘The Office’’. high-energy physics and related underground the Secretary of Commerce.’’. (2) MISCELLANEOUS.— science; and SEC. 110. NSF MID-SCALE PROJECT INVEST- (A) NATIONAL SCIENCE FOUNDATION RE- (5) develop, and update as necessary, a stra- MENTS. SEARCH.—Section 4(b)(5)(K) of the Cyber Secu- tegic plan to guide Federal programs and activi- (a) FINDINGS.—Congress makes the following rity Research and Development Act (15 U.S.C. ties in support of high-energy physics research, findings: 7403(b)(5)(K)) is amended by striking ‘‘high-per- including— (1) The Foundation funds major research fa- formance computing’’ and inserting ‘‘net- (A) the efforts taken in support of subsection cilities, infrastructure, and instrumentation that working and information technology’’. (b) since the last strategic plan; provide unique capabilities at the frontiers of (B) NATIONAL INFORMATION TECHNOLOGY RE- (B) an evaluation of the current research science and engineering. SEARCH AND DEVELOPMENT PROGRAM.—Section needs for maintaining United States leadership (2) Modern and effective research infrastruc- 13202(b) of the American Recovery and Reinvest- in high-energy physics; and ture is critical to maintaining United States ment Act of 2009 (42 U.S.C. 17912(b)) is amended (C) an identification of future priorities in the leadership in science and engineering. by striking ‘‘National High-Performance Com- area of high-energy physics. (3) Many proposed instruments, equipment, or puting Program’’ and inserting ‘‘Networking SEC. 107. LABORATORY PROGRAM IMPROVE- upgrades to major research facilities fall be- and Information Technology Research and De- MENTS. tween programs currently funded by the Foun- velopment Program’’. (a) IN GENERAL.—The Director of NIST, act- dation, creating a gap between Major Research (C) FEDERAL CYBERSECURITY RESEARCH AND ing through the Associate Director for Labora- Instrumentation and Major Research Equipment DEVELOPMENT.—Section 201(a)(4) of the Cyber- tory Programs, shall develop and implement a and Facilities Construction, including projects security Enhancement Act of 2014 (15 U.S.C. comprehensive strategic plan for laboratory pro- that have been identified as cost-effective addi- 7431(a)(4)) is amended by striking ‘‘clauses (i) grams that expands— tions of high priority to the advancement of sci- through (x) of section 101(a)(3)(B) of the High- (1) interactions with academia, international entific understanding. Performance Computing Act of 1991 (15 U.S.C. researchers, and industry; and (4) The 2010 Astronomy and Astrophysics (2) commercial and industrial applications. 5511(a)(3)(B)) or designated under clause (xi) of Decadal Survey recommended a vigorous mid- (b) OPTIMIZING COMMERCIAL AND INDUSTRIAL that section’’ and inserting ‘‘clauses (i) through scale innovations program. APPLICATIONS.—In accordance with the purpose (xi) of section 101(a)(3)(B) of the High-Perform- (b) SENSE OF CONGRESS.—It is the sense of under section 1(b)(3) of the National Institute of ance Computing Act of 1991 (15 U.S.C. Congress that the addition of a competitive mid- Standards and Technology Act (15 U.S.C. 5511(a)(3)(B)) or designated under clause (xii) of scale funding opportunity that includes re- 271(b)(3)), the comprehensive strategic plan that section’’. search, instruments, and infrastructure is essen- shall— ATIONAL RESEARCH AND EDUCATION NET- tial to the portfolio of the Foundation and ad- (D) N (1) include performance metrics for the dis- WORK.—Section 102 of the High-Performance vancing scientific understanding. semination of fundamental research results, Computing Act of 1991 (15 U.S.C. 5512) is re- (c) MID-SCALE PROJECTS.— measurements, and standards research results to (1) IN GENERAL.—The Foundation shall evalu- pealed. industry, including manufacturing, and other ate the existing and future needs, across all dis- (E) NEXT GENERATION INTERNET.—Section 103 interested parties; ciplines supported by the Foundation, for mid- of the High-Performance Computing Act of 1991 (2) document any positive benefits of research scale projects. (15 U.S.C. 5513) is repealed. on the competitiveness of the parties described (2) STRATEGY.—The Director of the Founda- (F) FOSTERING UNITED STATES COMPETITIVE- in paragraph (1); and tion shall develop a strategy to meet the needs NESS IN HIGH-PERFORMANCE COMPUTING AND RE- (3) clarify the current approach to the tech- identified in paragraph (1). LATED ACTIVITIES.—Section 208 of the High-Per- nology transfer activities of NIST. (3) BRIEFING.—Not later than 180 days after formance Computing Act of 1991 (15 U.S.C. 5528) SEC. 108. INTERNATIONAL ACTIVITIES. the date of enactment of this Act, the Director is repealed. Section 17(a) of the National Institute of of the Foundation shall provide a briefing to the SEC. 106. HIGH-ENERGY PHYSICS COORDINATION. Standards and Technology Act (15 U.S.C. appropriate committees of Congress on the eval- (a) IN GENERAL.—The Physical Science Sub- 278g(a)) is amended to read as follows: uation under paragraph (1) and the strategy committee of the National Science and Tech- ‘‘(a) FINANCIAL ASSISTANCE TO FOREIGN NA- under paragraph (2). nology Council shall define and continue to co- TIONALS.—The Secretary is authorized, notwith- (4) DEFINITION OF MID-SCALE PROJECTS.—In ordinate Federal efforts, including activities of standing any other provision of law, to expend this subsection, the term ‘‘mid-scale projects’’ relevant advisory committees, related to high- such sums, within the limit of appropriated means research, instrumentation, and infra- energy physics research to maximize the effi- funds, through direct support for activities of structure investments that fall between the in- ciency and effectiveness of United States invest- international organizations and foreign na- strumentation funded by the major research in- ment in high-energy physics. tional metrology institutes with which the Insti- strumentation program and the very large (b) PURPOSES.—The purposes of the Physical tute cooperates to advance measurement meth- projects funded by the major research equipment Science Subcommittee include— ods, standards, and related basic technologies and facilities construction program as described (1) to advise and assist the Committee on and, as the Secretary may deem desirable, in section 507 of the AMERICA Competes Reau- Science and the National Science and Tech- through the grant of fellowships or any other thorization Act of 2010 (Public Law 111–358; 124 nology Council on United States policies, proce- form of financial assistance, to defray the ex- Stat. 4008). dures, and plans in the physical sciences, in- penses of foreign nationals not in service to the SEC. 111. OVERSIGHT OF NSF LARGE-SCALE RE- cluding high-energy physics; and Government of the United States while they are SEARCH FACILITY PROJECTS. (2) to identify emerging opportunities, stimu- performing scientific or engineering work at the (a) FACILITIES OVERSIGHT.— late international cooperation, and foster the Institute or participating in the exchange of sci- (1) IN GENERAL.—The Director of the Founda- development of the physical sciences in the entific or technical information at the Insti- tion shall strengthen oversight and account- United States, including— tute.’’. ability over the full life-cycle of large-scale re- (A) in high-energy physics research, including SEC. 109. STANDARD REFERENCE DATA ACT UP- search facility projects, including planning, de- related underground science and engineering re- DATE. velopment, procurement, construction, oper- search; Section 2 of the Standard Reference Data Act ations, and support, and shut-down of such fa- (B) in physical infrastructure and facilities; (15 U.S.C. 290a) is amended to read as follows: cilities, in order to maximize research invest- (C) in information and analysis; and ‘‘SEC. 2. DEFINITIONS. ment. (D) in coordination activities. ‘‘For the purposes of this Act: (2) REQUIREMENTS.—In carrying out para- (c) RESPONSIBILITIES.—In regard to coordi- ‘‘(1) STANDARD REFERENCE DATA.—The term graph (1), the Director shall— nating Federal efforts related to high-energy ‘standard reference data’ means data that is— (A) prioritize the scientific outcomes of large- physics research, the Physical Science Sub- ‘‘(A) either— scale research facility projects and the internal committee shall— ‘‘(i) quantitative information related to a management and financial oversight of the (1) provide recommendations on planning for measurable physical or chemical property of a projects; construction and stewardship of large facilities substance or system of substances of known (B) clarify the roles and responsibilities of all participating in high-energy physics; composition and structure; organizations, including offices, panels, commit- (2) provide recommendations on research co- ‘‘(ii) measurable characteristics of a physical tees, and directorates, involved in supporting ordination and collaboration among the pro- artifact or artifacts; large-scale research facility projects, including grams and activities of Federal agencies; ‘‘(iii) engineering properties or performance the role of the Major Research Equipment and (3) establish goals and priorities for high-en- characteristics of a system; or Facilities Construction Panel; ergy physics, related underground science, and ‘‘(iv) 1 or more digital data objects that (C) establish policies and procedures for the research and development that will strengthen serve— planning, management, and oversight of large-

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00223 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7154 CONGRESSIONAL RECORD — SENATE December 9, 2016 scale research facility projects at each phase of operational proposal for each large-scale re- (iii) the National Research Council report, Fu- the life-cycle of the project; search facility project. ture Science Opportunities in Antarctica and (D) ensure that policies for estimating and (d) CONTINGENCY.— the Southern Ocean, issued September 2011. managing costs and schedules are consistent (1) IN GENERAL.—The Foundation shall (B) Efforts by the Foundation to track its with the best practices described in the Govern- strengthen internal controls to improve over- progress in addressing the issues and rec- ment Accountability Office Cost Estimating and sight of contingency on a large-scale research ommendations under subparagraph (A). Assessment Guide, the Government Account- facility project. (C) Efforts by the Foundation to address other ability Office Schedule Assessment Guide, and (2) REQUIREMENTS.—In carrying out para- opportunities and challenges, including efforts the Office of Management and Budget Uniform graph (1), not later than 180 days after the date on scientific research, coordination with other Guidance (2 C.F.R. Part 200); of enactment of this Act, the Foundation shall— Federal agencies and international partners, lo- (E) establish the appropriate project manage- (A) retain control over a portion of the budget gistics and transportation, health and safety of ment and financial management expertise re- contingency funds of each awardee; participants, oversight and financial manage- quired for Foundation staff to oversee large- (B) distribute the retained funds with other ment of awardees and contractors, and re- scale research facility projects effectively, in- incremental funds as needed; and sources and policy challenges. cluding by improving project management train- (C) track contingency use. (b) BRIEFING.—Not later than 180 days after ing and certification; and (e) OVERSIGHT IMPLEMENTATION PROGRESS.— the date of enactment of this Act, the Director (F) coordinate the sharing of the best manage- The Director of the Foundation shall— shall brief the appropriate committees of Con- ment practices and lessons learned from large- (1) not later than 90 days after the date of en- gress on the ongoing review, including findings scale research facility projects. actment of this Act, and periodically thereafter and any recommendations. (b) FACILITIES FULL LIFE-CYCLE COSTS.— until the completion date, provide a briefing to SEC. 114. NIST CAMPUS SECURITY. (1) IN GENERAL.—Subject to subsection (c)(1), the appropriate committees of Congress on the the Director of the Foundation shall require (a) SUPERVISORY AUTHORITY.—Consistent response to or progress made toward implemen- with the enforcement authority delegated by the that any pre-award analysis of a large-scale re- tation of— search facility includes the development and Secretary of Homeland Security under section (A) this section; 1315 of title 40, United States Code, the Depart- consideration of the full life-cycle cost (as de- (B) all of the issues and recommendations fined in section 2 of the National Science Foun- ment of Commerce Office of Security shall di- identified in cooperative agreement audit reports rectly manage the law enforcement and security dation Authorization Act of 1998 (42 U.S.C. and memoranda issued by the Inspector General 1862k note)) in accordance with section 14 of the programs of NIST through an assigned Director of the National Science Foundation in the last of Security for NIST. National Science Foundation Authorization Act 5 years; and of 2002 (42 U.S.C. 1862n-4). (b) REPORTS.—The Director of Security for (C) all of the issues and recommendations NIST shall provide an activities and security re- (2) IMPLEMENTATION.—Based on the pre- identified by a panel of the National Academy award analysis described in paragraph (1), the port on a quarterly basis for the first year after of Public Administration in the December 2015 the date of enactment of this Act, and on an an- Director shall include projected operational report entitled ‘‘National Science Foundation: costs within the Foundation’s out years as part nual basis thereafter, to the Under Secretary for Use of Cooperative Agreements to Support Large Standards and Technology. of the President’s yearly budget submissions to Scale Investment in Research’’; and Congress. (2) not later than 1 year after the date of en- SEC. 115. FEDERAL COORDINATION OF SUSTAIN- ABLE CHEMISTRY RESEARCH AND (c) COST OVERSIGHT.— actment of this Act, notify the appropriate com- (1) PRE-AWARD ANALYSIS.— DEVELOPMENT. mittees of Congress when the Foundation has (A) IN GENERAL.—The Director of the Founda- (a) IMPORTANCE OF SUSTAINABLE CHEM- implemented the recommendations identified in tion and the National Science Board may not ISTRY.—It is the sense of Congress that— a panel of the National Academy of Public Ad- approve any proposed large-scale research facil- (1) the science of chemistry is vital to improv- ministration report issued December 2015. ity project unless— ing the quality of human life and plays an im- (i) an analysis of the proposed budget has (f) DEFINITIONS.—In this section: portant role in addressing critical global chal- been conducted to ensure the proposal is com- (1) APPROPRIATE COMMITTEES OF CONGRESS.— lenges, including water quality, energy, health plete and reasonable; The term ‘‘appropriate committees of Congress’’ care, and agriculture; (ii) the analysis under clause (i) follows the means the Committee on Commerce, Science, and (2) sustainable chemistry can reduce risk to Government Accountability Office Cost Esti- Transportation and the Committee on Appro- human health and the environment, reduce mating and Assessment Guide; priations of the Senate and the Committee on waste and improve pollution prevention, pro- (iii) except as provided under subparagraph Science, Space, and Technology and the Com- mote safe and efficient manufacturing, and pro- (C), an analysis of the accounting systems has mittee on Appropriations of the House of Rep- mote efficient use of resources in developing new been conducted; resentatives. materials, processes, and technologies that sup- (iv) an independent cost estimate of the con- (2) LARGE-SCALE RESEARCH FACILITY port viable long-term solutions; struction of the project has been conducted PROJECT.—The term ‘‘ ‘large-scale research facil- (3) sustainable chemistry can stimulate inno- using the same detailed technical information as ity project’ ’’ means a science and engineering vation, encourage new and creative approaches the project proposal estimate to determine facility project funded by the major research to problems, create jobs, and save money; and whether the estimate is well-supported and real- equipment and facilities construction account, (4) a coordinated national effort on sustain- istic; and or any successor thereto. able chemistry will allow for a greater return on (v) the Foundation and the National Science SEC. 112. CONFLICTS OF INTEREST. Federal research investment in this space. Board has considered the analyses under The Director of the Foundation shall update (b) NATIONAL COORDINATION FOR SUSTAINABLE clauses (i) and (iii) and the independent cost es- the policy and procedure of the Foundation re- CHEMISTRY.— timate under clause (iv) and resolved any major lating to conflicts of interest to improve docu- (1) ESTABLISHMENT.—Not later than 180 days issues identified therein. mentation and management of any known con- after the date of enactment of this Act, the Di- (B) AUDITS.—A Foundation analysis under flict of interest of an individual on temporary rector of the Office of Science and Technology subparagraph (A)(i) may include an audit. assignment at the Foundation, including an in- Policy shall convene an entity under the Na- (C) EXCEPTION.—The Director, at the Direc- dividual on assignment under the Intergovern- tional Science and Technology Council with the tor’s discretion, may waive the requirement mental Personnel Act of 1970 (42 U.S.C. 4701 et responsibility to coordinate Federal programs under subparagraph (A)(iii) if a similar analysis seq.). and activities in support of sustainable chem- of the accounting systems was conducted in the SEC. 113. MANAGEMENT OF THE NSF ANTARCTIC istry, including, as appropriate, at the National prior years. PROGRAM. Science Foundation, the Department of Energy, (2) CONSTRUCTION OVERSIGHT.—The Director (a) REVIEW.— the Department of Agriculture, the Environ- shall require for each large-scale research facil- (1) IN GENERAL.—The Director of the Founda- mental Protection Agency, the National Insti- ity project— (A) periodic external reviews on project man- tion shall continue to review the efforts by the tute of Standards and Technology, the Depart- agement and performance; Foundation to sustain and strengthen scientific ment of Defense, the National Institutes of (B) adequate internal controls, policies, and efforts in the face of logistical challenges for the Health, and other related Federal agencies. procedures, and reliable accounting systems in United States Antarctic Program. (2) CHAIRS.—The entity described in para- preparation for the incurred cost audits under (2) ISSUES TO BE EXAMINED.—In conducting graph (1) shall be chaired by representatives subparagraph (D); the review, the Director shall examine, at a min- from the National Science Foundation, the En- (C) annual incurred cost submissions of finan- imum, the following: vironmental Protection Agency, or other agen- cial expenditures; and (A) Implementation by the Foundation of cies, as appropriate. (D) an incurred cost audit of the project— issues and recommendations identified by— (3) DUTIES.— (i) at least once during construction at a time (i) the Inspector General of the National (A) IN GENERAL.—The entity described in determined based on risk analysis and length of Science Foundation in audit reports and memo- paragraph (1) shall— the award, except that the length of time be- randa on the United States Antarctic Program (i) develop a working definition of sustainable tween audits may not exceed 3 years; and in the last 4 years; chemistry, after seeking advice and input from (ii) at the completion of the construction (ii) the U.S. Antarctic Program Blue Ribbon stakeholders as described in clause (iv); phase. Panel report, More and Better Science in Ant- (ii) coordinate and support existing Federal (3) OPERATIONS COST ESTIMATE.—The Director arctica through Increased Logistical Effective- research, development, education, and training shall require an independent cost estimate of the ness, issued July 23, 2012; and efforts in sustainable chemistry;

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00224 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7155 (iii) develop a strategic plan to guide Federal (1) Scientific and technological advancement (B) provide guidance to universities and Fed- programs and activities in support of sustain- have been the largest drivers of economic growth eral science agencies on the use of the central- able chemistry research, development, tech- in the last 50 years, with the Federal Govern- ized assurances repository. nology transfer, education, and training as de- ment being the largest investor in basic re- (5) COMPREHENSIVE REVIEW.— scribed in subsection (c), including support for search. (A) IN GENERAL.—The Working Group, in con- public-private partnerships; and (2) Federally funded grants are increasingly sultation with the Office of Management and (iv) as appropriate, consult and coordinate competitive, with the Foundation funding only Budget, shall— with stakeholders qualified to provide advice approximately 1 in every 5 grant proposals. (i) conduct a comprehensive review of the and information on the development of the defi- (3) Researchers spend as much as 42 percent of mandated progress reports for federally funded nition of sustainable chemistry and the strategic their time complying with Federal regulations, research; and plan. including administrative tasks such as applying (ii) develop a strategy to simplify investigator (B) STAKEHOLDERS.—In choosing the stake- for grants or meeting reporting requirements. progress reports. holders described in subparagraph (A)(iv), the (4) The time spent on the activities described (B) CONSIDERATIONS.—In developing the strat- entity described in paragraph (1) is strongly en- in paragraph (3) affects efficiency and reduces egy, the Working Group shall consider limiting couraged to include representatives from— valuable research time. progress reports to performance outcomes. (i) industry (including small- and medium- (b) SENSE OF CONGRESS.—It is the sense of (e) CONSULTATION.—In carrying out its re- sized enterprises from across the value chain); Congress that administrative burdens faced by sponsibilities under subsection (d)(1), the Work- (ii) the scientific community (including the researchers may be reducing the return on in- ing Group shall consult with academic research- National Academy of Sciences, scientific profes- vestment of federally funded research and devel- ers outside the Federal Government, including— (1) federally funded researchers; sional societies, and academia); opment. (2) non-federally funded researchers; (c) ESTABLISHMENT.—The Director of the Of- (iii) the defense community; (3) institutions of higher education and their fice of Management and Budget, in coordina- (iv) State, tribal, and local governments; representative associations; (v) State or regional sustainable chemistry tion with the Office of Science and Technology (4) scientific and engineering disciplinary so- programs; Policy, shall establish an interagency working cieties and associations; (vi) non-governmental organizations; and group (referred to in this section as the ‘‘Work- (5) nonprofit research institutions; (vii) other appropriate organizations. ing Group’’) to reduce administrative burdens (6) industry, including small businesses; (c) STRATEGIC PLAN.— on federally funded researchers while protecting (7) federally funded research and development (1) IN GENERAL.—Not later than 1 year after the public interest in the transparency of and centers; and the date of enactment of this Act, the entity de- accountability for federally funded activities. (8) members of the public with a stake in en- scribed in subsection (b)(1) shall submit to the (d) RESPONSIBILITIES.— suring effectiveness, efficiency, and account- Committee on Science, Space, and Technology (1) IN GENERAL.—The Working Group shall— ability in the performance of scientific research. and the Committee on Energy and Commerce of (A) regularly review relevant, administration- (f) REPORTS.—Not later than 1 year after the the House of Representatives and the Committee related regulations imposed on federally funded date of enactment of this Act, and periodically on Environment and Public Works and the Com- researchers; and thereafter, the Working Group shall submit to mittee on Commerce, Science, and Transpor- (B) recommend those regulations or processes the appropriate committees of Congress an an- tation of the Senate, a 5-year strategic plan that that may be eliminated, streamlined, or other- nual report on its responsibilities under this sec- shall include— wise improved for the purpose described in sub- tion, including recommendations under sub- (A) a summary of Federally funded sustain- section (c). section (d)(1)(B). able chemistry research, development, dem- (2) GRANT REVIEW.— SEC. 202. SCIENTIFIC AND TECHNICAL COLLABO- onstration, technology transfer, commercializa- (A) IN GENERAL.—The Working Group, in con- RATION. tion, education, and training activities; sultation with the Office of Management and (a) DEFINITION OF SCIENTIFIC AND TECHNICAL (B) a summary of the financial resources allo- Budget, shall— WORKSHOP.—In this section, the term ‘‘scientific cated to sustainable chemistry activities; (i) conduct a comprehensive review of Federal and technical workshop’’ means a symposium, (C) an evaluation of best practices and coordi- science agency grant proposal documents; and seminar, or any other organized, formal gath- nation among participating agencies; and (ii) develop, to the extent practicable, a sim- ering where scientists or engineers working in (D) a framework for advancing sustainable plified, uniform grant format to be used by all STEM research and development fields assemble chemistry, including strategies for and benefits Federal science agencies. to coordinate, exchange and disseminate infor- of Federal support for— (B) CONSIDERATIONS.—In developing the uni- mation or to explore or clarify a defined subject, (i) sustainable chemistry research and devel- form grant format, the Working Group shall problem or area of knowledge in the STEM opment conducted at Federal and national lab- consider whether to implement— fields. oratories, Federal agencies, and public and pri- (i) procedures for preliminary project pro- (b) POLICY.—It is the policy of the United vate institutions of higher education; posals in advance of peer-review selection; States to encourage broad dissemination of Fed- (ii) technology transfer and commercialization (ii) increased use of ‘‘Just-In-Time’’ proce- eral research findings and engagement of Fed- of sustainable chemistry, including incentives dures for documentation that does not bear di- eral researchers with the scientific and technical and impediments to development of sustainable rectly on the scientific merit of a proposal; community. chemicals, best practices, and costs and benefits; (iii) simplified initial budget proposals in ad- (c) AUTHORITY.—Laboratory, test center, and (iii) education and training of undergraduate vance of peer review selection; and field center directors and other similar heads of and graduate students and professional sci- (iv) detailed budget proposals for applicants offices may approve scientific and technical entists and engineers, including through part- that peer review selection identifies as likely to workshop attendance if— nerships with industry, in sustainable chemistry be funded. (1) that attendance would meet the mission of science and engineering; (3) CENTRALIZED RESEARCHER PROFILE DATA- the laboratory or test center; and (iv) economic, legal, and other appropriate so- BASE.— (2) sufficient laboratory or test center funds cial science research to identify barriers to com- (A) ESTABLISHMENT.—The Working Group are available for that purpose. mercialization and methods to advance commer- shall establish, to the extent practicable, a se- (d) ATTENDANCE POLICIES.— cialization of sustainable chemistry; and cure, centralized database for investigator bio- (1) IN GENERAL.—Not later than 180 days after (v) public-private partnerships in support of sketches, curriculum vitae, licenses, publica- the date of enactment of this Act, the Director sustainable chemistry research, development, tions, and other documents considered relevant of the Office of Management and Budget, in education, and training. by the Working Group. consultation with the Director of the Office of (2) SUBMISSION TO GAO.—The entity described (B) CONSIDERATIONS.—In establishing the cen- Science and Technology Policy and the heads of in subsection (b)(1) shall submit the strategic tralized database under subparagraph (A), the other relevant Federal science agencies, shall re- plan described in paragraph (1) to the Govern- Working Group shall consider incorporating ex- vise current policies and streamline processes, in ment Accountability Office for consideration in isting investigator databases. accordance with the policy under subsection (b), future Congressional inquiries. (C) GRANT PROPOSALS.—To the extent prac- for attendance at scientific and technical work- (d) SUSTAINABLE CHEMISTRY BASIC RE- ticable, all grant proposals shall utilize the cen- shops while ensuring appropriate oversight, ac- SEARCH.—Subject to the availability of appro- tralized researcher profile database established countability, and transparency. priated funds, the Director of the National under subparagraph (A). (2) CONSIDERATIONS.—In revising the policy Science Foundation shall continue to carry out (D) REQUIREMENTS.—Each investigator under paragraph (1), the Director of the Office the Sustainable Chemistry Basic Research pro- shall— of Management and Budget shall consider the gram authorized under section 509 of the Na- (i) be responsible for ensuring the investiga- goal of adjudicating a request to attend a sci- tional Science Foundation Authorization Act of tor’s profile is current and accurate; and entific and technical workshop not later than 30 (ii) be assigned a unique identifier linked to 2010 (42 U.S.C. 1862p–3). days after the date of the request. the database and accessible to all Federal fund- (3) IMPLEMENTATION.—Not later than 90 days TITLE II—ADMINISTRATIVE AND ing agencies. after the date the Director of the Office of Man- REGULATORY BURDEN REDUCTION (4) CENTRALIZED ASSURANCES REPOSITORY.— agement and Budget revises the policies under SEC. 201. INTERAGENCY WORKING GROUP ON RE- The Working Group shall— paragraph (1), the head of each Federal science SEARCH REGULATION. (A) establish a central repository for all of the agency shall update that agency’s policies for (a) FINDINGS.—Congress makes the following assurances required for Federal research grants; attendance at scientific and technical work- findings: and shops.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00225 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7156 CONGRESSIONAL RECORD — SENATE December 9, 2016

(e) NIST WORKSHOPS.—Section 2(c) of the Na- ‘‘(C) the metrics that will be used to assess Board shall explicitly approve any project to be tional Institute of Standards and Technology progress toward the near-term and long-term ob- funded out of the major research equipment and Act (15 U.S.C. 272(c)), as amended by section 104 jectives; facilities construction account before any funds of this Act, is further amended— ‘‘(D) how the Program will move results out of may be obligated from such account for such (1) by redesignating paragraphs (19) through the laboratory and into application for the ben- project.’’. (24) as paragraphs (22) through (27), respec- efit of society; SEC. 205. REPEAL OF CERTAIN PROVISIONS. tively; and ‘‘(E) the Program’s support for long-term (a) TECHNOLOGY INNOVATION PROGRAM.— (2) by inserting after paragraph (18) the fol- funding for interdisciplinary research and de- (1) IN GENERAL.—Section 28 of the National lowing: velopment in nanotechnology; and Institute of Standards and Technology Act (15 ‘‘(19) host, participate in, and support sci- ‘‘(F) the allocation of funding for interagency U.S.C. 278n) is repealed. entific and technical workshops (as defined in nanotechnology projects;’’; (2) CONFORMING AMENDMENTS.— section 202 of the American Innovation and (2) by amending section 4(d) (15 U.S.C. (A) ADDITIONAL AWARD CRITERIA.—Section Competitiveness Act); 7503(d)) to read as follows: 4226(b) of the Small Business Jobs Act of 2010 (15 ‘‘(20) collect and retain any fees charged by ‘‘(d) REPORTS.—Not later than 4 years after U.S.C. 278n note) is repealed. the Secretary for hosting a scientific and tech- the date of the most recent assessment under (B) MANAGEMENT COSTS.—Section 2(d) of the nical workshop described in paragraph (19); subsection (c), and quadrennially thereafter, the National Institute of Standards and Technology ‘‘(21) notwithstanding title 31 of the United Advisory Panel shall submit to the President, Act (15 U.S.C. 272(d)) is amended by striking States Code, use the fees described in paragraph the Committee on Commerce, Science, and ‘‘sections 25, 26, and 28’’ and inserting ‘‘sections (20) to pay for any related expenses, including Transportation of the Senate, and the Com- 25 and 26’’. subsistence expenses for participants;’’. mittee on Science, Space, and Technology of the (C) ANNUAL AND OTHER REPORTS TO SEC- House of Representatives a report its assess- RETARY AND CONGRESS.—Section 10(h)(1) of the SEC. 203. NIST GRANTS AND COOPERATIVE ments under subsection (c) and its recommenda- AGREEMENTS UPDATE. National Institute of Standards and Technology tions for ways to improve the Program.’’; and Act (15 U.S.C. 278(h)(1)) is amended by striking Section 8(a) of the Stevenson-Wydler Tech- (3) in section 5 (15 U.S.C. 7504)— nology Innovation Act of 1980 (15 U.S.C. ‘‘, including the Program established under sec- (A) in the heading, by striking ‘‘TRIENNIAL’’ 3706(a)) is amended by striking ‘‘The total tion 28,’’. and inserting ‘‘QUADRENNIAL’’; amount of any such grant or cooperative agree- (b) TEACHERS FOR A COMPETITIVE TOMOR- (B) in subsection (a), in the matter preceding ROW.—Sections 6111 through 6116 of the America ment may not exceed 75 percent of the total cost paragraph (1), by striking ‘‘triennial’’ and in- of the program.’’. COMPETES Act (20 U.S.C. 9811, 9812, 9813, 9814, serting ‘‘quadrennial’’; 9815, 9816) and the items relating to those sec- SEC. 204. REPEAL OF CERTAIN OBSOLETE RE- (C) in subsection (b), by striking ‘‘triennial’’ tions in the table of contents under section 2 of PORTS. and inserting ‘‘quadrennial’’; that Act (Public Law 110-69; 121 Stat. 572) are (a) REPEAL OF CERTAIN OBSOLETE REPORTS.— (D) in subsection (c), by striking ‘‘triennial’’ repealed. (1) NIST REPORTS.— and inserting ‘‘quadrennial’’; and SEC. 206. GRANT SUBRECIPIENT TRANSPARENCY (A) REPORT ON DONATION OF EDUCATIONALLY (E) by amending subsection (d) to read as fol- AND OVERSIGHT. USEFUL FEDERAL EQUIPMENT TO SCHOOLS.—Sec- lows: By not later than 1 year after the date of en- tion 6(b) of the Technology Administration Act ‘‘(d) REPORT.— actment of this Act, the Inspector General of the of 1998 (15 U.S.C. 272 note) is amended— ‘‘(1) IN GENERAL.—Not later than 30 days after Foundation shall prepare and submit to the ap- (i) in paragraph (1), by striking ‘‘(1) IN GEN- the date the first evaluation under subsection propriate committees of Congress an audit of the ERAL.—’’ and indenting appropriately; and (a) is received, and quadrennially thereafter, Foundation’s policies and procedures governing (ii) by striking paragraph (2). the Director of the National Nanotechnology the monitoring of pass-through entities with re- (B) THREE-YEAR PROGRAMMATIC PLANNING Coordination Office shall report to the President spect to subrecipients. The audit shall include DOCUMENT.— its assessments under subsection (c) and its rec- the following: (i) IN GENERAL.—Section 23 of the National In- ommendations for ways to improve the Program. (1) Information regarding the Foundation’s stitute of Standards and Technology Act (15 ‘‘(2) CONGRESS.—Not later than 30 days after the date the President receives the report under process to oversee— U.S.C. 278i) is amended by striking subsections (A) the compliance of pass-through entities (c) and (d). paragraph (1), the Director of the Office of Science and Technology Policy shall transmit a pursuant to section 200.331 and subpart F of (ii) CONFORMING AMENDMENT.—Section part 200 of chapter II of subtitle A of title 2, 10(h)(1) of the National Institute of Standards copy of the report to Congress.’’. (c) MAJOR RESEARCH EQUIPMENT AND FACILI- Code of Federal Regulations, and the other re- and Technology Act (15 U.S.C. 278(h)(1)) is quirements of such title 2 for subrecipients; amended by striking the last sentence. TIES CONSTRUCTION.—Section 14 of the National Science Foundation Authorization Act of 2002 (B) whether pass-through entities have proc- (2) MULTIAGENCY REPORT ON INNOVATION AC- esses and controls in place regarding financial CELERATION RESEARCH.—Section 1008 of the (42 U.S.C. 1862n-4) is amended— (1) by amending subsection (a) to read as fol- compliance of subrecipients, where appropriate; America COMPETES Act (42 U.S.C. 6603) is and amended— lows: ‘‘(a) PRIORITIZATION OF PROPOSED MAJOR RE- (C) whether pass-through entities have proc- (A) by striking subsection (c); and SEARCH EQUIPMENT AND FACILITIES CONSTRUC- esses and controls in place to maintain approved (B) by redesignating subsection (d) as sub- TION.— grant objectives for subrecipients, where appro- section (c). ‘‘(1) DEVELOPMENT OF PRIORITIES.—The Di- priate. (3) NSF REPORTS.— rector shall— (2) Any recommendations to increase the UNDING FOR SUCCESSFUL STEM EDUCATION (A) F ‘‘(A) develop a list indicating by number the transparency and oversight of the selection PROGRAMS; REPORT TO CONGRESS.—Section 7012 relative priority for funding under the major re- process, grant objectives, and financial over- of the America COMPETES Act (42 U.S.C. search equipment and facilities construction ac- sight of the pass-through entities, while bal- 1862o-4) is amended by striking subsection (c). count that the Director assigns to each project ancing administrative burdens. (B) ENCOURAGING PARTICIPATION; EVALUATION the Board has approved for inclusion in a fu- SEC. 207. MICRO-PURCHASE THRESHOLD FOR AND REPORT.—Section 7031 of the America COM- ture budget request; and PROCUREMENT SOLICITATIONS BY PETES Act (42 U.S.C. 1862o-11) is amended by ‘‘(B) submit the list described in subparagraph RESEARCH INSTITUTIONS. striking subsection (b). (A) to the Board for approval. (a) MICRO-PURCHASE THRESHOLD.—The micro- (C) MATH AND SCIENCE PARTNERSHIPS PRO- ‘‘(2) CRITERIA.—The Director shall include in purchase threshold for procurement activities GRAM COORDINATION REPORT.—Section 9(c) of the criteria for developing the list under para- administered under sections 6303 through 6305 of the National Science Foundation Authorization graph (1) the readiness of plans for construction title 31, United States Code, awarded by the Na- Act of 2002 (42 U.S.C. 1862n(c)) is amended— and operation, including confidence in the esti- tional Science Foundation, the National Aero- (i) by striking paragraph (4); and mates of the full life-cycle cost (as defined in nautics and Space Administration, or the Na- (ii) by redesignating paragraph (5) as para- section 2 of the National Science Foundation tional Institute of Standards and Technology to graph (4). Authorization Act of 1998 (42 U.S.C. 1862k note)) institutions of higher education (as defined in (b) NATIONAL NANOTECHNOLOGY INITIATIVE and the proposed schedule of completion. section 101(a) of the Higher Education Act of REPORTS.—The 21st Century Nanotechnology ‘‘(3) UPDATES.—The Director shall update the 1965 (20 U.S.C. 1001(a))), or related or affiliated Research and Development Act (15 U.S.C. 7501 list prepared under paragraph (1) each time the nonprofit entities, or to nonprofit research orga- et seq.) is amended— Board approves a new project that would re- nizations or independent research institutes is— (1) by amending section 2(c)(4) (15 U.S.C. ceive funding under the major research equip- (1) $10,000 (as adjusted periodically to account 7501(c)(4)) to read as follows: ment and facilities construction account and pe- for inflation); or ‘‘(4) develop, not later than 5 years after the riodically submit any updated list to the Board (2) such higher threshold as determined ap- date of the release of the most-recent strategic for approval.’’; propriate by the head of the relevant executive plan, and update every 5 years thereafter, a (2) by striking subsection (e); agency and consistent with audit findings strategic plan to guide the activities described (3) by redesignating subsections (c) and (d) as under chapter 75 of title 31, United States Code, under subsection (b) that describes— subsections (b) and (c), respectively; and internal institutional risk assessment, or State ‘‘(A) the near-term and long-term objectives (4) by amending subsection (c), as redesig- law. for the Program; nated, to read as follows: (b) UNIFORM GUIDANCE.—The Uniform Guid- ‘‘(B) the anticipated schedule for achieving ‘‘(c) BOARD APPROVAL OF MAJOR RESEARCH ance shall be revised to conform with the re- the near-term objectives; and EQUIPMENT AND FACILITIES PROJECTS.—The quirements of this section. For purposes of the

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00226 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7157 preceding sentence, the term ‘‘Uniform Guid- the Foundation, the Secretary of Education, the ing meetings of the panel or while otherwise ance’’ means the uniform administrative re- Administrator of the National Aeronautics and serving at the request of a co-chairperson away quirements, cost principles, and audit require- Space Administration, and the Administrator of from their homes or regular places of business, ments for Federal awards contained in part 200 the National Oceanic and Atmospheric Adminis- may be allowed travel expenses, including per of title 2 of the Code of Federal Regulations. tration shall jointly establish an advisory panel diem in lieu of subsistence, as authorized by sec- TITLE III—SCIENCE, TECHNOLOGY, (referred to in this section as the ‘‘STEM Edu- tion 5703 of title 5, United States Code, for indi- ENGINEERING, AND MATH EDUCATION cation Advisory Panel’’) to advise the Committee viduals in the Government serving without pay. SEC. 301. ROBERT NOYCE TEACHER SCHOLAR- on STEM Education of the National Science (2) RULE OF CONSTRUCTION.—Nothing in this SHIP PROGRAM UPDATE. and Technology Council (referred to in this sec- subsection shall be construed to prohibit mem- Section 10A of the National Science Founda- tion as ‘‘CoSTEM’’) on matters relating to bers of the STEM Advisory Panel who are offi- tion Authorization Act of 2002 (42 U.S.C. 1862n– STEM education. cers or employees of the United States from 1a) is amended by adding at the end the fol- (b) MEMBERS.— being allowed travel expenses, including per lowing: (1) IN GENERAL.—The STEM Education Advi- diem in lieu of subsistence, in accordance with ‘‘(k) STEM TEACHER SERVICE AND RETEN- sory Panel shall be composed of not less than 11 existing law. TION.— members. SEC. 304. COMMITTEE ON STEM EDUCATION. (2) APPOINTMENT.— ‘‘(1) IN GENERAL.—The Director shall develop (a) RESPONSIBILITIES.—Section 101(b) of the (A) IN GENERAL.—Subject to subparagraph and implement practices for increasing the pro- America COMPETES Reauthorization Act of portion of individuals receiving fellowships (B), the Director of the Foundation, in consultation with the Secretary of Education and 2010 (42 U.S.C. 6621(b)) is amended— under this section who— (1) in paragraph (5)(D), by striking ‘‘; and’’ ‘‘(A) fulfill the service obligation required the heads of the Federal science agencies, shall and inserting a semicolon; under subsection (h); and appoint the members of the STEM Education (2) in paragraph (6), by striking the period at ‘‘(B) remain in the teaching profession in a Advisory Panel. the end and inserting a semicolon; and high need local educational agency beyond the (B) CONSIDERATION.—In selecting individuals service obligation. to appoint under subparagraph (A), the Director (3) by adding at the end the following: ‘‘(2) PRACTICES.—The practices described of the Foundation shall seek and give consider- ‘‘(7) collaborate with the STEM Education under paragraph (1) may include— ation to recommendations from Congress, indus- Advisory Panel established under section 303 of ‘‘(A) partnering with nonprofit or professional try, the scientific community, including the Na- the American Innovation and Competitiveness associations or with other government entities to tional Academy of Sciences, scientific profes- Act and other outside stakeholders to ensure the provide individuals receiving fellowships under sional societies, academia, State and local gov- engagement of the STEM education community; this section with opportunities for professional ernments, organizations representing groups ‘‘(8) review the measures used by a Federal development, including mentorship programs underrepresented in STEM fields, such as agency to evaluate its STEM education activi- that pair those individuals with currently em- women and minorities, and such other organiza- ties and programs; ployed and recently retired science, technology, tions as the Director considers appropriate. ‘‘(9) request and review feedback from States engineering, mathematics, or computer science (C) QUALIFICATIONS.—Members shall— on how the States are utilizing Federal STEM professionals; (i) primarily be individuals from academic in- education programs and activities; and ‘‘(B) increasing recruitment from high need stitutions, nonprofit organizations, and indus- ‘‘(10) recommend the reform, termination, or districts; try, including in-school, out-of-school, and in- consolidation of Federal STEM education ac- ‘‘(C) establishing a system to better collect, formal education practitioners; and tivities and programs, taking into consideration track, and respond to data on the career deci- (ii) be individuals who are qualified to provide the recommendations of the STEM Education sions of individuals receiving fellowships under advice and information on STEM education re- Advisory Panel.’’. this section; search, development, training, implementation, (b) REPORTS.—Section 101 of the America ‘‘(D) conducting research to better understand interventions, professional development, or COMPETES Reauthorization Act of 2010 (42 factors relevant to teacher service and retention, workforce needs or concerns. U.S.C. 6621) is amended— including factors specifically impacting the re- (c) RESPONSIBILITIES.— (1) by striking ‘‘(c) REPORT.—’’ and inserting tention of teachers from underrepresented (1) ASSESSMENT.— ‘‘(d) REPORTS.—’’; groups, including women and minorities; and (A) IN GENERAL.—The STEM Education Advi- (2) by striking ‘‘(b) RESPONSIBILITIES OF ‘‘(E) conducting pilot programs to improve sory Panel shall advise CoSTEM and periodi- OSTP.—’’ and inserting ‘‘(c) RESPONSIBILITIES teacher service and retention.’’. cally assess its progress in carrying out its re- OF OSTP.—’’; and SEC. 302. SPACE GRANTS. sponsibilities under section 101(b) of the America (3) in subsection (d), as redesignated— (a) SENSE OF CONGRESS.—It is the sense of COMPETES Reauthorization Act of 2010 (42 (A) in paragraph (4), by striking ‘‘; and’’ and Congress that the National Space Grant College U.S.C. 6621(b)). inserting a semicolon; and Fellowship Program has been an important (B) CONSIDERATIONS.—In its advisory role, the (B) in paragraph (5), by striking the period at program by which the Federal Government has STEM Education Advisory Panel shall con- the end and inserting a semicolon; and partnered with universities, colleges, industry, sider— (C) by adding at the end the following: and other organizations to provide hands-on (i) the appropriateness of criteria used by Fed- ‘‘(6) a description of all consolidations and STEM experiences, fostering of multidisciplinary eral agencies to evaluate the effectiveness of terminations of Federal STEM education pro- space research, and supporting graduate fellow- Federal STEM education programs and activi- grams and activities implemented in the pre- ships in space-related fields, among other pur- ties; vious fiscal year, including an explanation for poses. (ii) ways to leverage private and nonprofit the consolidations and terminations; (b) ADMINISTRATIVE COSTS.—Section 40303 of STEM investments and encourage public-private ‘‘(7) recommendations for reforms, consolida- title 51, United States Code, is amended by add- partnerships to strengthen STEM education and tions, and terminations of STEM education pro- ing at the end the following: help build the STEM workforce pipeline; and grams or activities in the upcoming fiscal year; ROGRAM DMINISTRATION OSTS (iii) how Federal agencies incentivize colleges ‘‘(d) P A C .—In and and universities to improve retention of STEM carrying out the provisions of this chapter, the ‘‘(8) a description of any significant new students. Administrator— STEM education public-private partnerships.’’. ‘‘(1) shall maximize appropriated funds for (2) RECOMMENDATIONS.—The STEM Edu- grants and contracts made under section 40304 cation Advisory Panel shall make recommenda- SEC. 305. GRANT PROGRAMS TO EXPAND STEM in each fiscal year; and tions to improve Federal STEM education pro- OPPORTUNITIES. ‘‘(2) in each fiscal year, the Administrator grams and activities based on the assessment (a) FINDINGS.—Congress makes the following shall limit its program administration costs to no under paragraph (1). findings: more than 5 percent of funds appropriated for (d) FUNDING.—The Director of the Founda- (1) Economic projections by the Bureau of this program for that fiscal year. tion, the Secretary of Education, the Adminis- Labor Statistics indicate that by 2018, there ‘‘(e) REPORTS.—For any fiscal year in which trator of the National Aeronautics and Space could be 2.4 million unfilled STEM jobs. the Administrator cannot meet the administra- Administration, and the Administrator of the (2) Women represent slightly more than half tion cost target under subsection (d)(2), if the National Oceanic and Atmospheric Administra- the United States population, and projections Administration is unable to limit program costs tion shall jointly make funds available on an indicate that 54 percent of the population will under subsection (b), the Administrator shall annual basis to support the activities of the be a member of a racial or ethnic minority group submit to the appropriate committees of Con- STEM Education Advisory Panel. by 2050. gress a report, including— (e) REPORTS.—Not later than 1 year after the (3) Despite representing half the population, ‘‘(1) a description of why the Administrator date of enactment of this Act, and every 3 years women comprise only about 30 percent of STEM did not meet the cost target under subsection thereafter, the STEM Education Advisory Panel workers according to a 2015 report by the Na- (d); and shall submit to the appropriate committees of tional Center for Science and Engineering Sta- ‘‘(2) the measures the Administrator will take Congress, and CoSTEM a report on its assess- tistics. in the next fiscal year to meet the cost target ment under subsection (c)(1) and recommenda- (4) A 2014 National Center for Education Sta- under subsection (d) without drawing upon tions under subsection (c)(2). tistics study found that women and underrep- other Federal funding.’’. (f) TRAVEL EXPENSES OF NON-FEDERAL MEM- resented minorities leave the STEM fields at SEC. 303. STEM EDUCATION ADVISORY PANEL. BERS.— higher rates than their counterparts. (a) ESTABLISHMENT.—Not later than 180 days (1) IN GENERAL.—Non-Federal members of the (5) The representation of women in STEM after the date of enactment this Act, Director of STEM Education Advisory Panel, while attend- drops significantly at the faculty level. Overall,

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00227 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7158 CONGRESSIONAL RECORD — SENATE December 9, 2016

women hold only 25 percent of all tenured and based methods consistent with the target stu- (h) DEFINITION OF GROUPS UNDERREP- tenure-track positions and 17 percent of full dent population being served; RESENTED IN STEM FIELDS.—In this section, the professor positions in STEM fields in our Na- (F) education of students on the relevance term ‘‘groups underrepresented in STEM fields’’ tion’s universities and 4-year colleges. and significance of STEM careers, provision of has the meaning given the term ‘‘underrep- (6) Black and Hispanic faculty together hold academic advice and assistance, and activities resented in science and engineering’’ in section about 6.5 percent of all tenured and tenure- designed to help students make real-world con- 637.4(b) of title 34, Code of Federal Regulations. track positions and 5 percent of full professor nections to STEM content activities; SEC. 306. CENTERS OF EXCELLENCE FOR INCLU- positions. (G) attendance of underrepresented students SION IN STEM. (7) Many of the numbers in the American In- at events, competitions, and academic programs (a) ESTABLISHMENT.—The Director of the dian or Alaskan Native and Native Hawaiian or to provide content expertise and encourage ca- Foundation shall carry out a program to award Other Pacific Islander categories for different reer exposure in STEM; merit-reviewed, competitive grants to institu- faculty ranks were too small for the National (H) activities designed to engage parents of tions of higher education, or consortia thereof, Science Foundation to report publicly without underrepresented students; to establish not less than 1 Center of Excellence, potentially compromising confidential informa- (I) innovative strategies to engage underrep- (referred to in this section as the ‘‘Center’’) to tion about the individuals being surveyed. resented students, such as using leadership skill collect, maintain, and disseminate information (b) SENSE OF CONGRESS.—It is the sense of outcome measures to encourage youth with the to increase participation of women and groups Congress that— confidence to pursue STEM course work and underrepresented in STEM fields (as defined in (1) it is critical to our Nation’s economic lead- academic study; section 305(d)(4)). ership and global competitiveness that we edu- (J) coordination with STEM-rich environ- (b) PURPOSE.—The purpose of the Center is to cate, train, and retain more scientists, engi- ments, including other nonprofit, nongovern- promote diversity in STEM fields by building on neers, and computer scientists; mental organizations, classroom and out-of the success of the INCLUDES programs, pro- (2) there is currently a disconnect between the classroom settings, institutions of higher edu- viding technical assistance, maintaining best availability of and growing demand for STEM- cation, vocational facilities, corporations, muse- practices, and providing related training at fed- skilled workers; ums, or science centers; and erally-funded academic institutions. (3) women, minorities, and persons with dis- (K) acquisition of instructional materials or (c) PROGRAM.—The Director of the Founda- abilities are the largest untapped STEM talent technology-based tools to conduct applicable tion shall establish each Center through a merit- pools in the United States; and grant activity. reviewed, competitive award to an eligible entity (4) given the shifting demographic landscape, (3) APPLICATIONS.— the United States should encourage full partici- for at least 3, but not more than to 5 years. (A) IN GENERAL.—Subject to subparagraph (d) PUBLIC DOMAIN.—All program information pation of individuals described in paragraph (3) (B), an applicant seeking a grant under the sec- in STEM fields. developed, collected, or maintained by a Center, tion shall submit an application to the Director except for personally identifiable information, is (c) REAFFIRMATION.—The Director of the at such time, in such manner, and containing Foundation shall continue to support existing and shall remain part of the public domain. such information as the Director may require. (e) APPLICATION.—To be eligible to receive a programs designed to broaden participation of (B) REQUIREMENTS.—The application shall in- women, minorities, and persons with disabilities grant under this section, an eligible institution clude, at a minimum, the following: shall prepare and submit to the Director an ap- in STEM fields. (i) A description of the target audience to be (d) PROGRAM TO BROADEN PARTICIPATION IN plication at such a time, in such form, and con- served by the program. taining such information as the Director may STEM FIELDS.— (ii) A description of the process for recruit- require. (1) IN GENERAL.—The Director of the Founda- ment and selection of students, as appropriate. (f) ACTIVITIES.—Activities of a Center may in- tion shall award grants on a competitive, merit- (iii) A description of how such research activ- clude— reviewed basis, to eligible entities to increase the ity may inform programming that engages (1) conducting and disseminating research participation of women and groups underrep- underrepresented students in grades kinder- resented in STEM fields. on— garten through 8 in STEM. (A) systemic factors and institutional policies (2) APPLICATIONS.—An applicant seeking a (iv) A description of how such research activ- that impede or facilitate the recruitment, reten- grant under this section shall submit an appli- ity may inform programming that promotes stu- tion, and success of underrepresented groups in cation to the Director at such time, in such dent academic achievement in STEM. STEM fields; and manner, and containing such information as the (v) An evaluation plan to determine the im- (B) best practices for mitigating the systemic Director may require. pact and efficacy of activities being researched. SE OF FUNDS factors and institutional policies that impede in- (3) U .—Activities supported by (4) CONSIDERATION.—In awarding grants clusion of underrepresented groups in STEM grants under this section may include the fol- under this section, the Director shall give con- fields; lowing: sideration to applicants which, for the purpose (A) Online workshops. (2) collaborating with institutions of higher of grant activity, include or partner with an or- (B) Mentoring programs that partner science, education, Federal agencies, industry, and rel- ganization that has extensive experience and ex- technology, engineering, mathematics, or com- evant stakeholders to develop policies and prac- pertise in increasing the participation of under- puter science professionals with applicable stu- tices to facilitate the recruitment, retention, and represented students in STEM. dents. success of underrepresented groups in STEM; (f) ACCOUNTABILITY AND DISSEMINATION.— (C) Internships for applicable undergraduate (3) providing educational opportunities for (1) EVALUATION.— and graduate students in STEM fields. STEM faculty members, staff, students, trainees, (A) IN GENERAL.—Not later than 5 years after (D) Conducting outreach programs that pro- the date of enactment of this Act, the Director fellows, and administrators to learn about inclu- vide applicable elementary school and sec- shall evaluate the grants provided under this sion in STEM and to improve STEM mentoring; ondary school students with opportunities to in- section. (4) developing and hosting intra- or inter-increase their exposure to STEM fields. stitutional workshops, and providing ongoing (E) Programs to increase the recruitment and (B) REQUIREMENTS.—In conducting the evaluation under subparagraph (A), the Director support to workshop participants, to propagate retention of underrepresented faculty. best practices in recruiting, retaining, and ad- (F) Such additional programs as the Director shall— (i) use a common set of benchmarks and as- vancing STEM faculty members, staff, students, of the Foundation may consider appropriate. trainees, fellows, and administrators from (e) GRANT PROGRAM FOR GRADES K THROUGH sessment tools to identify best practices and materials developed or demonstrated by the re- underrepresented groups at institutions of high- 8.— er education; (1) IN GENERAL.—The Director of the Founda- search; and (ii) to the extent practicable, combine the re- (5) assessing the effectiveness of efforts fund- tion shall award grants to be used for research ed by a Center or related efforts designed to in- to advance the engagement of students in grades search resulting from the grant activity under subsection (e) with the current research on serv- crease inclusion in STEM; kindergarten through 8 in STEM that are de- (6) assessing how modern STEM learning en- signed to encourage interest, engagement, and ing underrepresented students in grades kindergarten through 8. vironments can increase the inclusion, engage- skills development of students in STEM fields, ment, and retention of students in STEM fields, particularly those who are members of groups (2) REPORT ON EVALUATIONS.—Not later than 180 days after the completion of the evaluation particularly for women and groups underrep- underrepresented in STEM fields. resented in STEM fields; and (2) USE OF FUNDS.—Activities supported by under paragraph (1), the Director shall submit (7) such other actions as a Center determines grants under this section may include— to the appropriate committees of Congress and are necessary to further the inclusion of under- (A) development and implementation of pro- make widely available to the public a report represented groups in STEM. gramming described in paragraph (1) for the that includes— purpose of research; (A) the results of the evaluation; and SEC. 307. NIST EDUCATION AND OUTREACH. (B) use of a variety of engagement methods, (B) any recommendations for administrative (a) REPEALS.—The National Institute of including cooperative and hands-on learning; and legislative action that could optimize the ef- Standards and Technology Act (15 U.S.C. 271 et (C) exposure of students who are members of fectiveness of the program. seq.) is amended— groups underrepresented in STEM fields to role (g) COORDINATION.—In carrying out this sec- (1) by striking section 18 (15 U.S.C. 278g-1); models, including near-peers, in STEM fields; tion, the Director shall consult, cooperate, and and (D) mentors; coordinate, to enhance program effectiveness (2) by striking section 19A (15 U.S.C. 278g-2a). (E) training of informal learning educators and to avoid duplication, with the programs (b) EDUCATION AND OUTREACH.—The National and youth-serving professionals using evidence- and policies of other relevant Federal agencies. Institute of Standards and Technology Act (15

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00228 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7159 U.S.C. 271 et seq.), as amended, is further ‘‘(2) sponsor summer internships for STEM practices on how to promote diversity and inclu- amended by inserting after section 17, the fol- high school teachers as appropriate; sion in STEM fields, including— lowing: ‘‘(3) develop programs for graduate student (1) policies providing flexibility for scientists ‘‘SEC. 18. EDUCATION AND OUTREACH. internships and visiting faculty researchers; and engineers that are also caregivers, particu- ‘‘(a) IN GENERAL.—The Director is authorized ‘‘(4) document publications, presentations, larly on the timing of research grants; to expend funds appropriated for activities of and interactions with visiting researchers and (2) policies to address the proper handling of the Institute in any fiscal year, to support, pro- sponsoring interns as performance metrics for claims of sexual harassment; (3) policies to minimize the effects of implicit mote, and coordinate activities and efforts to en- improving and continuing interactions with bias and other systemic factors in hiring, pro- hance public awareness and understanding of those individuals; and motion, evaluation and the workplace in gen- measurement sciences, standards and tech- ‘‘(5) facilitate laboratory tours and provide eral; and nology at the national measurement laboratories presentations for educational, industry, and community groups.’’. (4) other evidence-based strategies that the and otherwise in fulfillment of the mission of working group considers effective for promoting the Institute. The Director may carry out activi- (c) POST-DOCTORAL FELLOWSHIP PROGRAM.— Section 19 of the National Institute of Standards diversity and inclusion in the STEM fields. ties under this subsection, including education (c) STAKEHOLDER INPUT.—In carrying out the and outreach activities to the general public, in- and Technology Act (15 U.S.C. 278g-2) is amended to read as follows: responsibilities under section (b), the working dustry and academia in support of the Insti- group shall solicit and consider input and rec- tute’s mission. ‘‘SEC. 19. POST-DOCTORAL FELLOWSHIP PRO- ommendations from non-Federal stakeholders, GRAM. ‘‘(b) HIRING.—The Director, in coordination including— with the Director of the Office of Personnel ‘‘(a) IN GENERAL.—The Institute and the Na- (1) the Council of Advisors on Science and Management, may revise the procedures the Di- tional Academy of Sciences, jointly, shall estab- Technology; rector applies when making appointments to lish and conduct a post-doctoral fellowship pro- (2) federally funded and non-federally funded laboratory positions within the competitive serv- gram, subject to the availability of appropria- researchers, institutions of higher education, ice— tions. scientific disciplinary societies, and associa- ‘‘(1) to ensure corporate memory of and exper- ‘‘(b) ORGANIZATION.—The post-doctoral fel- tions; tise in the fundamental ongoing work, and on lowship program shall include not less than 20 (3) nonprofit research institutions; developing new capabilities in priority areas; nor more than 120 new fellows per fiscal year. (4) industry, including small businesses; ‘‘(2) to maintain high overall technical com- ‘‘(c) EVALUATIONS.—In evaluating applica- (5) federally funded research and development petence; tions for post-doctoral fellowships under this centers; ‘‘(3) to improve staff diversity; section, the Director of the Institute and the (6) non-governmental organizations; and ‘‘(4) to balance emphases on the noncore and President of the National Academy of Sciences (7) such other members of the public interested core areas; or shall give consideration to the goal of promoting in promoting a diverse and inclusive Federal ‘‘(5) to improve the ability of the Institute to the participation of underrepresented minorities STEM workforce. compete in the marketplace for qualified per- in research areas supported by the Institute.’’. (d) PUBLIC REPORTS.—Not later than 1 year sonnel. (d) SAVINGS CLAUSES.— after the date of enactment of this Act, and pe- ‘‘(c) VOLUNTEERS.— (1) RESEARCH FELLOWSHIPS AND OTHER FINAN- riodically thereafter, the working group shall ‘‘(1) IN GENERAL.—The Director may establish CIAL ASSISTANCE TO STUDENTS AT INSTITUTES OF publish a report on the review and assessment a program to use volunteers in carrying out the HIGHER EDUCATION.—The repeal made by sub- under subsection (b), including a summary of programs of the Institute. section (a)(1) of this section shall not affect any available research and best practices, any rec- ‘‘(2) ACCEPTANCE OF PERSONNEL.—The Direc- award of a research fellowship or other form of ommendations for Federal actions to promote a tor may accept, subject to regulations issued by financial assistance made under section 18 of diverse and inclusive Federal STEM workforce, the Office of Personnel Management, voluntary the National Institute of Standards and Tech- and updates on the implementation of previous service for the Institute for such purpose if the nology Act (15 U.S.C. 278g-1) before the date of recommendations for Federal actions. service— enactment of this Act. Such award shall con- (e) TERMINATION OF EFFECTIVENESS.—The au- ‘‘(A) is to be without compensation; and tinue to be subject to the requirements to which thority provided by subsection (a) terminates ef- ‘‘(B) will not be used to displace any current such funds were subject under that section be- fective on the date that is 10 years after the date employee or act as a substitute for any future fore the date of enactment of this Act. that the working group is established. full-time employee of the Institute. (2) POST-DOCTORAL FELLOWSHIP PROGRAM.— SEC. 310. IMPROVING UNDERGRADUATE STEM EX- PERIENCES. ‘‘(3) FEDERAL EMPLOYEE STATUS.—Any indi- The amendment made by subsection (c) of this (a) SENSE OF CONGRESS.—It is the sense of vidual who provides voluntary service under section shall not affect any award of a post-doc- Congress that each Federal science agency this subsection shall not be considered a Federal toral fellowship or other form of financial assist- should invest in and expand research opportu- employee, except for purposes of chapter 81 of ance made under section 19 of the National In- nities for undergraduate students attending in- title 5, United States Code (relating to com- stitute of Standards and Technology Act (15 stitutions of higher education during the under- pensation for injury), and sections 2671 through U.S.C. 278g-2) before the date of enactment of graduate student’s first 2 academic years of 2680 of title 28, United States Code (relating to this Act. Such awards shall continue to be sub- postsecondary education. tort claims). ject to the requirements to which such funds (b) IDENTIFICATION OF RESEARCH PRO- ‘‘(d) RESEARCH FELLOWSHIPS.— were subject under that section before the date GRAMS.—Not later than 1 year after the date of ‘‘(1) IN GENERAL.—The Director may expend of enactment of this Act. enactment of this Act, the head of each Federal funds appropriated for activities of the Institute SEC. 308. PRESIDENTIAL AWARDS FOR EXCEL- agency shall submit to the President rec- in any fiscal year, as the Director considers ap- LENCE IN STEM MENTORING. ommendations regarding how the agency could propriate, for awards of research fellowships (a) IN GENERAL.—The Director of the Founda- best fulfill the goals described in subsection (a). and other forms of financial and logistical as- tion shall continue to administer awards on be- (c) BROADER IMPACTS.—Section 526(a)(6) of half of the Office of Science and Technology sistance, including direct stipend awards to— the America COMPETES Reauthorization Act of Policy to recognize outstanding mentoring in ‘‘(A) students at institutions of higher learn- 2010 (Public Law 111–358; 124 Stat. 4019) is STEM fields. ing within the United States who show promise amended to read as follows: (b) ANNUAL AWARD RECIPIENTS.—The Director as present or future contributors to the mission ‘‘(6) Improved undergraduate STEM edu- of the Foundation shall provide Congress with a of the Institute; and cation and instruction.’’. ‘‘(B) United States citizens for research and list of award recipients, including the name, institution, and a brief synopsis of the impact of SEC. 311. COMPUTER SCIENCE EDUCATION RE- technical activities of the Institute, including SEARCH. the mentoring efforts. programs. (a) FINDINGS.—Congress finds that as the lead ‘‘(2) SELECTION CRITERIA.—The selection of SEC. 309. WORKING GROUP ON INCLUSION IN Federal agency for building the research knowl- persons to receive such fellowships and assist- STEM FIELDS. edge base for computer science education, the ance shall be made on the basis of ability and of (a) ESTABLISHMENT.—The Office of Science Foundation is well positioned to make invest- the relevance of the proposed work to the mis- and Technology Policy, in collaboration with ments that will accelerate ongoing efforts to en- sion and programs of the Institute. Federal departments and agencies, shall estab- able rigorous and engaging computer science ‘‘(3) FINANCIAL AND LOGISTICAL ASSISTANCE.— lish an interagency working group to compile throughout the Nation. Notwithstanding section 1345 of title 31, United and summarize available research and best (b) GRANT PROGRAM.— States Code, or any other law to the contrary, practices on how to promote diversity and inclu- (1) IN GENERAL.—The Director of the Founda- the Director may include as a form of financial sions in STEM fields and examine whether bar- tion shall award grants to eligible entities to re- or logistical assistance under this subsection riers exist to promoting diversity and inclusion search computer science education and com- temporary housing and transportation to and within Federal agencies employing scientists putational thinking. from Institute facilities. and engineers. (2) RESEARCH.—The research described in ‘‘(e) EDUCATIONAL OUTREACH ACTIVITIES.— (b) RESPONSIBILITIES.—The working group paragraph (1) may include the development or The Director may— shall be responsible for reviewing and assessing adaptation, piloting or full implementation, and ‘‘(1) facilitate education programs for under- research, best practices, and policies across Fed- testing of— graduate and graduate students, postdoctoral eral science agencies related to the inclusion of (A) models of preservice preparation for teach- researchers, and academic and industry employ- underrepresented groups in the Federal STEM ers who will teach computer science and com- ees; workforce, including available research and best putational thinking;

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00229 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7160 CONGRESSIONAL RECORD — SENATE December 9, 2016 (B) scalable and sustainable models of profes- age time it takes a business to recover the costs (1) review data on the participation in Foun- sional development and ongoing support for the associated with training apprentices; and dation activities of institutions serving groups teachers described in subparagraph (A); (2) data from the United States Census Bu- that are underrepresented in STEM disciplines, (C) tools and models for teaching and learning reau and other statistical surveys on employer- including poor, rural, and tribal populations; aimed at supporting student success and inclu- provided training, including apprenticeships and sion in computing within and across diverse and other on-the-job training and industry-rec- (2) submit to Congress a report on the findings populations, particularly poor, rural, and tribal ognized certification programs. from such review and a recommendation or rec- populations and other populations that have (c) DISSEMINATION OF APPRENTICESHIP INFOR- ommendations regarding how the Foundation been traditionally underrepresented in computer MATION.—The Secretary of Commerce shall dis- could improve outreach and inclusion of these science and STEM fields; and seminate findings from research on apprentice- groups in Foundation activities. (D) instructional materials and high-quality ships to businesses and other relevant stake- SEC. 315. NOAA OCEAN AND ATMOSPHERIC learning opportunities for teaching computer holders, including— SCIENCE EDUCATION PROGRAMS. science and, especially in poor, rural, or tribal (1) institutions of higher education; (a) IN GENERAL.—Subsection (a) of section (2) State and local chambers of commerce; and schools at the elementary school and middle 4002 of the America COMPETES Act (33 U.S.C. (3) workforce training organizations. school levels, for integrating computational (d) STUDYING APPROACHES TO COLLECTING 893a) is amended by inserting after ‘‘from thinking into STEM teaching and learning. EMPLOYER-PROVIDED WORKER TRAINING underrepresented groups’’ the following: ‘‘, in- (c) COLLABORATIONS.—In carrying out the DATA.—The Secretary of Commerce and the Sec- cluding ethnic, racial, and economic minority grants established in subsection (b), eligible en- retary of Labor shall— groups,’’. tities may collaborate and partner with local or (1) collaborate to identify approaches to col- (b) EDUCATIONAL PROGRAM GOALS.—Para- remote schools to support the integration of lecting employer-provided worker training data; graph (4) of section 4002(b) of the America computing and computational thinking within (2) provide a report to the relevant congres- COMPETES Act (33 U.S.C. 893a(b)) is amend- pre-kindergarten through grade 12 STEM cur- sional committees on— ed— ricula and instruction. (A) the existing tools available to collect such (1) in subparagraph (B), by striking ‘‘and’’ at (d) METRICS.—The Director of the Foundation data; and the end; shall develop metrics to measure the success of (B) the time and cost of collecting such data; (2) by redesignating subparagraph (C) and the grant program funded under this section in and subparagraph (D); achieving program goals. (3) provide recommendations to the relevant (3) by inserting after subparagraph (B) the (e) REPORT.—The Director of the Foundation congressional committees on additional tools following: shall report, in the annual budget submission to that may be needed to collect such data. ‘‘(C) are designed considering the unique Congress, on the success of the program as (e) NEW APPRENTICESHIP PROGRAM STUDY.— needs of underrepresented racial and ethnic measured by the metrics in subsection (d). The Secretary of Commerce and the Secretary of groups, translating such materials and other re- (f) DEFINITION OF ELIGIBLE ENTITY.—In this Labor shall collaborate to study approaches for sources into appropriate multi-lingual cur- section, the term ‘‘eligible entity’’ means an in- reducing the cost of creating new apprenticeship ricula;’’; and stitution of higher education or a nonprofit re- programs and hosting apprentices for busi- (4) by adding at the end the following: search organization. nesses, particularly small businesses, includ- ‘‘(E) are promoted widely, especially among SEC. 312. INFORMAL STEM EDUCATION. ing— underrepresented groups (including among ra- (1) training sharing agreements; (a) NATIONAL STEM PARTNERSHIP GRANTS.— cial and ethnic minority communities); and’’. (2) group training models; and (c) METRICS.—Section 4002 of the America The Director of the National Science Founda- (3) pooling resources and best practices. COMPETES Act (33 U.S.C. 893a) is amended— tion may award, through a cross-Directorate (f) ECONOMIC DEVELOPMENT ADMINISTRATION (1) by redesignating subsections (d) and (e) as process including the Directorate for Education GRANTS.—The Stevenson-Wydler Technology In- subsections (e) and (f), respectively; and and Human Resources and at least one addi- novation Act of 1980 (15 U.S.C. 3701 et seq.) is (2) by adding after section (c) the following: tional Directorate of the Foundation, competi- amended by adding at the end the following: tive, merit-reviewed grants to support a national ‘‘(d) METRICS.—In executing the National ‘‘SEC. 28. STEM APPRENTICESHIP PROGRAMS. Oceanic and Atmospheric Administration partnership of institutions involved in informal ‘‘(a) IN GENERAL.—The Secretary of Commerce science education plan under subsection (c), the STEM learning. may carry out a grant program to identify the Administrator shall maintain a comprehensive (b) USE OF FUNDS.—Activities supported by need for skilled science, technology, engineer- system for evaluating the Administration’s edu- grants under this section may include— ing, and mathematics (referred to in this section cational programs and activities. In so doing, (1) fostering and implementing on-going part- as ‘STEM’) workers and to expand STEM ap- the Administrator shall ensure that such edu- nerships between institutions involved in infor- prenticeship programs. cation programs have measurable objectives and mal STEM learning, institutions of higher edu- ‘‘(b) ELIGIBLE RECIPIENT DEFINED.—In this cation, and education research centers; and section, the term ‘eligible recipient’ means— milestones as well as clear, documented metrics (2) developing, adapting, and making avail- ‘‘(1) a State; for evaluating programs. For each such edu- able informal STEM education activities and ‘‘(2) an Indian tribe; cation program or portfolio of similar programs, educational materials for broad implementation. ‘‘(3) a city or other political subdivision of a the Administrator shall— SEC. 313. DEVELOPING STEM APPRENTICESHIPS. State; ‘‘(1) encourage the collection of evidence as relevant to the measurable objectives and mile- (a) FINDINGS.—Congress makes the following ‘‘(4) an entity that— findings: ‘‘(A) is a nonprofit organization, an institu- stones; and (1) The lack of data on the return on invest- tion of higher education, a public-private part- ‘‘(2) ensure that program or portfolio evalua- ment for United States employers using reg- nership, a science or research park, a Federal tions focus on educational outcomes and not istered apprenticeships makes it difficult— laboratory, or an economic development organi- just inputs, activities completed, or the number (A) to communicate the value of these pro- zation or similar entity; and of participants.’’. ‘‘(B) has an application that is supported by grams to businesses; and TITLE IV—LEVERAGING THE PRIVATE a State, a political subdivision of a State, or a (B) to expand registered apprenticeships. SECTOR native organization; or (2) The lack of data on the value and impact ‘‘(5) a consortium of any of the entities de- SEC. 401. PRIZE COMPETITION AUTHORITY UP- of employer-provided worker training, which is DATE. scribed in paragraphs (1) through (5). likely substantial, hinders the ability of the ‘‘(c) NEEDS ASSESSMENT GRANTS.—The Sec- Section 24 of the Stevenson-Wydler Tech- Federal Government to formulate policy related retary of Commerce may provide a grant to an nology Innovation Act of 1980 (15 U.S.C. 3719) is to workforce training. eligible recipient to conduct a needs assessment amended— (3) The Secretary of Commerce has initiated— to identify— (1) in subsection (c)— (A) the first study on the return on investment ‘‘(1) the unmet need of a region’s employer (A) in the subsection heading, by striking for United States employers using registered ap- base for skilled STEM workers; ‘‘PRIZES’’ and by inserting ‘‘PRIZE COMPETI- prenticeships through case studies of firms in ‘‘(2) the potential of STEM apprenticeships to TIONS’’; various sectors, occupations, and geographic lo- address the unmet need described in paragraph (B) in the matter preceding paragraph (1), by cations to provide the business community with (1); and striking ‘‘prize may be one or more of the fol- data on employer benefits and costs; and ‘‘(3) any barriers to addressing the unmet lowing’’ and inserting ‘‘prize competition may (B) discussions with officials at relevant Fed- need described in paragraph (1). be 1 or more of the following types of activities’’; eral agencies about the need to collect com- ‘‘(d) APPRENTICESHIP EXPANSION GRANTS.— (C) in paragraph (2), by inserting ‘‘competi- prehensive data on— The Secretary of Commerce may provide a grant tion’’ after ‘‘prize’’; and (i) employer-provided worker training; and to an eligible recipient that has conducted a (D) in paragraphs (3) and (4), by striking (ii) existing tools that could be used to collect needs assessment as described in subsection ‘‘prizes’’ and inserting ‘‘prize competitions’’; such data. (c)(1) to develop infrastructure to expand STEM (2) in subsection (f)— (b) DEVELOPMENT OF APPRENTICESHIP INFOR- apprenticeship programs.’’. (A) in the matter preceding paragraph (1), by MATION.—The Secretary of Commerce shall con- SEC. 314. NSF REPORT ON BROADENING PARTICI- striking ‘‘in the Federal Register’’ and inserting tinue to research the value to businesses of uti- PATION. ‘‘on a publicly accessible Government website, lizing apprenticeship programs, including— Not later than 1 year after the date of enact- such as www.challenge.gov,’’; (1) evidence of return on investment of ap- ment of this Act, the National Science Founda- (B) in paragraphs (1), (2), and (3), by insert- prenticeships, including estimates for the aver- tion shall— ing ‘‘prize’’ before ‘‘competition’’; and

VerDate Sep 11 2014 06:50 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00230 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7161 (C) in paragraph (4), by striking ‘‘prize’’ and (C) in paragraph (3)— (3) granting Federal agencies the direct, ex- inserting ‘‘cash prize purse or non-cash prize (i) by amending subparagraph (A) to read as plicit authority to use crowdsourcing and cit- award’’; follows: izen science will encourage its appropriate use (3) in subsection (g)— ‘‘(A) ANNOUNCEMENT.—No prize competition to advance agency missions and stimulate and (A) in the matter preceding paragraph (1), by may be announced under subsection (f) until all facilitate broader public participation in the in- striking ‘‘prize’’ and inserting ‘‘cash prize the funds needed to pay out the announced novation process, yielding numerous benefits to purse’’; and amount of the cash prize purse have been ap- the Federal Government and citizens who par- (B) in paragraph (1), by inserting ‘‘prize’’ be- propriated or committed in writing by a private ticipate in such projects. fore ‘‘competition’’; or State, United States territory, local, or tribal (b) DEFINITIONS.—In this section: (4) in subsection (h), by inserting ‘‘prize’’ be- government source.’’; and (1) CITIZEN SCIENCE.—The term ‘‘citizen fore ‘‘competition’’ each place it appears; (ii) in subparagraph (B)— science’’ means a form of open collaboration in (5) in subsection (i)— (I) in the matter preceding clause (i), by strik- which individuals or organizations participate (A) in paragraph (1)(B), by inserting ‘‘prize’’ ing ‘‘a prize’’ and inserting ‘‘a cash prize purse voluntarily in the scientific process in various before ‘‘competition’’; or non-cash prize award’’; ways, including— (B) in paragraph (2)(A), by inserting ‘‘prize’’ (II) in clause (i), by inserting ‘‘competition’’ (A) enabling the formulation of research ques- before ‘‘competition’’ each place it appears; after ‘‘prize’’; and tions; (C) by redesignating paragraph (3) as para- (III) in clause (ii), by inserting ‘‘or State, (B) creating and refining project design; graph (4); and United States territory, local, or tribal govern- (C) conducting scientific experiments; (D) by inserting after paragraph (2) the fol- ment’’ after ‘‘private’’; (D) collecting and analyzing data; lowing: (D) in paragraph (4)— (E) interpreting the results of data; ‘‘(3) WAIVERS.— (i) in subparagraph (A)— (F) developing technologies and applications; ‘‘(A) IN GENERAL.—An agency may waive the (I) by striking ‘‘a prize’’ and inserting ‘‘a cash (G) making discoveries; and requirement under paragraph (2). prize purse or a non-cash prize award’’; and (H) solving problems. ‘‘(B) LIST.—The Director shall include a list (II) by striking ‘‘Science and Technology’’ (2) CROWDSOURCING.—The term of all of the waivers granted under this para- and inserting ‘‘Science, Space, and Tech- ‘‘crowdsourcing’’ means a method to obtain graph during the preceding fiscal year, includ- nology’’; and needed services, ideas, or content by soliciting ing a detailed explanation of the reason for (ii) in subparagraph (B), by striking ‘‘cash voluntary contributions from a group of individ- granting the waiver.’’; prizes’’ and inserting ‘‘cash prize purses or non- uals or organizations, especially from an online (6) in subsection (j)— cash prize awards’’; community. (A) in paragraph (1), by inserting ‘‘prize’’ be- (10) in subsection (n)— (3) PARTICIPANT.—The term ‘‘participant’’ fore ‘‘competition’’; (A) in the heading, by striking ‘‘SERVICE’’ and means any individual or other entity that has (B) by amending paragraph (2) to read as fol- inserting ‘‘SERVICES’’; volunteered in a crowdsourcing or citizen (B) by striking ‘‘the date of the enactment of lows: science project under this section. the America COMPETES Reauthorization Act of ‘‘(2) LICENSES.—As appropriate and to further (c) CROWDSOURCING AND CITIZEN SCIENCE.— 2010,’’ and inserting ‘‘the date of enactment of the goals of a prize competition, the Federal (1) IN GENERAL.—The head of each Federal the American Innovation and Competitiveness Government may— agency, or the heads of multiple Federal agen- ‘‘(A) negotiate a license for the use of intellec- Act,’’; and cies working cooperatively, may utilize (C) by inserting ‘‘for both for-profit and non- tual property developed by a registered partici- crowdsourcing and citizen science to conduct profit entities and State, United States territory, pant in a prize competition; or activities designed to advance the mission of the local, and tribal government entities,’’ after ‘‘(B) require a registered participant in a prize respective Federal agency or the joint mission of ‘‘contract vehicle’’; competition to provide an open license to the Federal agencies, as applicable. (11) in subsection (o)(1), by striking ‘‘or pro- public for the use of the intellectual property if (2) VOLUNTARY SERVICES.—Notwithstanding viding a prize’’ and inserting ‘‘a prize competi- that requirement is disclosed prior to registra- section 1342 of title 31, United States Code, the tion or providing a cash prize purse or non-cash tion.’’; and head of a Federal agency may accept, subject to prize award’’; and (C) by adding at the end the following: (12) in subsection (p)— regulations issued by the Director of the Office ‘‘(3) ELECTRONIC CONSENT.—The Federal Gov- (A) in the heading, by striking ‘‘ANNUAL’’ and of Personnel Management, services from partici- ernment may obtain consent to the intellectual inserting ‘‘BIENNIAL’’; pants under this section if such services— property and licensing terms of a prize competi- (B) in paragraph (1)— (A) are performed voluntarily as a part of a tion from participants during the online reg- (i) by striking ‘‘each year’’ and inserting crowdsourcing or citizen science project author- istration for the prize competition.’’; ‘‘every other year’’; ized under paragraph (1); (7) in subsection (k)— (ii) by striking ‘‘Science and Technology’’ and (B) are not financially compensated for their (A) in paragraph (1), by striking ‘‘each com- inserting ‘‘Science, Space, and Technology’’; time; and petition’’ and inserting ‘‘each prize competi- and (C) will not be used to displace any employee tion’’ each place it appears; (iii) by striking ‘‘fiscal year’’ and inserting ‘‘2 of the Federal Government. (B) in paragraph (2)(A), by inserting ‘‘prize’’ fiscal years’’; and (3) OUTREACH.—The head of each Federal before ‘‘competition’’; and (C) in paragraph (2)— agency engaged in a crowdsourcing or citizen (C) in paragraph (3), by inserting ‘‘prize’’ be- (i) by striking ‘‘The report for a fiscal year’’ science project under this section shall make fore ‘‘competitions’’ each place it appears; and inserting ‘‘A report’’; public and promote such project to encourage (8) in subsection (l), by striking ‘‘an agree- (ii) in subparagraph (C)— broad participation. ment with’’ and all that follows through the pe- (I) in the heading, by striking ‘‘PRIZES’’ and (4) CONSENT, REGISTRATION, AND TERMS OF riod at the end and inserting ‘‘a grant, contract, inserting ‘‘PRIZE PURSES OR NON-CASH PRIZE USE.— cooperative agreement, or other agreement with AWARDS’’; and (A) IN GENERAL.—Each Federal agency is au- a private sector for-profit or nonprofit entity or (II) by striking ‘‘cash prizes’’ each place it ap- thorized to determine the appropriate level of State or local government agency to administer pears and inserting ‘‘cash prize purses or non- consent, registration, or acknowledgment of the the prize competition, subject to the provisions cash prize awards’’; and terms of use that are required from participants of this section.’’; (iii) by adding at the end the following: in crowdsourcing or citizen science projects (9) in subsection (m)— ‘‘(G) PLAN.—A description of crosscutting top- under this section on a per-project basis. (A) by amending paragraph (1) to read as fol- ical areas and agency-specific mission needs (B) DISCLOSURES.—In seeking consent, con- lows: that may be the strongest opportunities for prize ducting registration, or developing terms of use ‘‘(1) IN GENERAL.—Support for a prize com- competitions during the upcoming 2 fiscal for a project under this subsection, a Federal petition under this section, including financial years.’’. agency shall disclose the privacy, intellectual support for the design and administration of a SEC. 402. CROWDSOURCING AND CITIZEN property, data ownership, compensation, serv- prize competition or funds for a cash prize SCIENCE. ice, program, and other terms of use to the par- purse, may consist of Federal appropriated (a) SENSE OF CONGRESS.—It is the sense of ticipant in a clear and reasonable manner. funds and funds provided by private sector for- Congress that— (C) MODE OF CONSENT.—A Federal agency or profit and nonprofit entities. The head of an (1) the authority granted to Federal agencies Federal agencies, as applicable, may obtain con- agency may request and accept funds from other under the America COMPETES Reauthorization sent electronically or in written form from par- Federal agencies, State, United States territory, Act of 2010 (Public Law 111–358; 124 Stat. 3982) ticipants under this section. local, or tribal government agencies, private sec- to pursue the use of incentive prizes and chal- (5) PROTECTIONS FOR HUMAN SUBJECTS.—Any tor for-profit entities, and nonprofit entities, to lenges has yielded numerous benefits; crowdsourcing or citizen science project under be available to the extent provided by appro- (2) crowdsourcing and citizen science projects this section that involves research involving priations Acts, to support such prize competi- have a number of additional unique benefits, in- human subjects shall be subject to part 46 of tions. The head of an agency may not give any cluding accelerating scientific research, increas- title 28, Code of Federal Regulations (or any special consideration to any agency or entity in ing cost effectiveness to maximize the return on successor regulation). return for a donation.’’; taxpayer dollars, addressing societal needs, pro- (6) DATA.— (B) in paragraph (2), by striking ‘‘prize viding hands-on learning in STEM, and con- (A) IN GENERAL.—A Federal agency shall, awards’’ and inserting ‘‘cash prize purses or necting members of the public directly to Fed- where appropriate and to the extent practicable, non-cash prize awards’’; eral agency missions and to each other; and make data collected through a crowdsourcing or

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00231 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7162 CONGRESSIONAL RECORD — SENATE December 9, 2016 citizen science project under this section avail- (i) to consult any guidance provided by the ‘‘SEC. 25. HOLLINGS MANUFACTURING EXTEN- able to the public, in a machine readable format, Director of the Office of Science and Technology SION PARTNERSHIP. unless prohibited by law. Policy, including the Federal Crowdsourcing ‘‘(a) DEFINITIONS.—In this section: (B) NOTICE.—As part of the consent process, and Citizen Science Toolkit; ‘‘(1) APPROPRIATE COMMITTEES OF CON- the Federal agency shall notify all partici- (ii) to designate a coordinator for that Federal GRESS.—The term ‘appropriate committees of pants— agency’s crowdsourcing and citizen science Congress’ means— (i) of the expected uses of the data compiled projects; and ‘‘(A) the Committee on Commerce, Science, through the project; (iii) to share best practices with other Federal and Transportation of the Senate; and (ii) if the Federal agency will retain owner- agencies, including participation of staff in the ‘‘(B) the Committee on Science, Space, and ship of such data; Federal Community of Practice for Technology of the House of Representatives. (iii) if and how the data and results from the Crowdsourcing and Citizen Science. ‘‘(2) AREA CAREER AND TECHNICAL EDUCATION project would be made available for public or (d) REPORT.— SCHOOL.—The term ‘area career and technical third party use; and (1) IN GENERAL.—Not later than 2 years after education school’ has the meaning given the (iv) if participants are authorized to publish the date of the enactment of this Act, the Direc- term in section 3 of the Vocational Education such data. tor of the Office of Science and Technology Pol- Act of 1963 (20 U.S.C. 2302). (7) TECHNOLOGIES AND APPLICATIONS.—Fed- icy shall include, as a component of a report re- ‘‘(3) CENTER.—The term ‘Center’ means a eral agencies shall endeavor to make tech- quired under section 24(p) of the Stevenson- manufacturing extension center that— nologies, applications, code, and derivations of Wydler Technology Innovation Act of 1980 (15 ‘‘(A) is created under subsection (b); and such intellectual property developed through a U.S.C. 3719(p)), a report on the activities carried ‘‘(B) is affiliated with an eligible entity that crowdsourcing or citizen science project under out under this section. applies for and is awarded financial support this section available to the public. (2) INFORMATION INCLUDED.—The report re- under subsection (e). (8) LIABILITY.—Each participant in a quired under paragraph (1) shall include— ‘‘(4) COMMUNITY COLLEGE.—The term ‘commu- crowdsourcing or citizen science project under (A) a summary of each crowdsourcing and cit- nity college’ means an institution of higher edu- this section shall agree— izen science project conducted by a Federal cation (as defined under section 101(a) of the (A) to assume any and all risks associated agency during the most recently completed 2 fis- Higher Education Act of 1965 (20 U.S.C. with such participation; and cal years, including a description of the pro- 1001(a))) at which the highest degree that is pre- (B) to waive all claims against the Federal posed goals of each crowdsourcing and citizen dominately awarded to students is an associ- Government and its related entities, except for science project; ate’s degree. claims based on willful misconduct, for any in- (B) the participation rates, submission levels, ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible enti- jury, death, damage, or loss of property, rev- number of consents, or any other statistic that ty’ means a United States-based nonprofit insti- enue, or profits (whether direct, indirect, or con- might be considered relevant in each tution, or consortium thereof, an institution of sequential) arising from participation in the crowdsourcing and citizen science project; higher education, or a State, United States terri- project. (C) a description of— tory, local, or tribal government. (i) the resources (including personnel and (9) SCIENTIFIC INTEGRITY.—Federal agencies ‘‘(6) HOLLINGS MANUFACTURING EXTENSION funding) that were used in the execution of each coordinating crowdsourcing or citizen science PARTNERSHIP OR PROGRAM.—The term ‘Hollings projects under this section shall make all prac- crowdsourcing and citizen science project; Manufacturing Extension Partnership’ or ‘Pro- (ii) the activities for which such resources ticable efforts to ensure that participants adhere gram’ means the program established under sub- were used; and to all relevant scientific integrity or other appli- section (b). (iii) how the obligations and expenditures re- cable ethics policies. ‘‘(7) MEP ADVISORY BOARD.—The term ‘MEP lating to the project’s execution were allocated (10) MULTI-SECTOR PARTNERSHIPS.—The head Advisory Board’ means the Manufacturing Ex- among the accounts of the Federal agency; of each Federal agency engaged in tension Partnership Advisory Board established crowdsourcing or citizen science under this sec- (D) a summary of the use of crowdsourcing and citizen science by all Federal agencies, in- under subsection (n). tion, or the heads of multiple Federal agencies ‘‘(b) ESTABLISHMENT AND PURPOSE.—The Sec- working cooperatively, may enter into a concluding interagency and multi-sector partnerships; and retary, acting through the Director and, if ap- tract or other agreement to share administrative propriate, through other Federal officials, shall duties for such activities with— (E) any other information that the Director of the Office of Science and Technology Policy establish a program to provide assistance for the (A) a for profit or nonprofit private sector en- creation and support of manufacturing exten- tity, including a private institution of higher considers relevant. (e) SAVINGS PROVISION.—Nothing in this sec- sion centers for the transfer of manufacturing education; technology and best business practices. (B) a State, tribal, local, or foreign govern- tion may be construed— (1) to affect the authority to conduct ‘‘(c) OBJECTIVE.—The objective of the Program ment agency, including a public institution of crowdsourcing and citizen science authorized by shall be to enhance competitiveness, produc- higher education; or tivity, and technological performance in United (C) a public-private partnership. any other provision of law; or States manufacturing through— (11) FUNDING.—In carrying out crowdsourcing (2) to displace Federal Government resources ‘‘(1) the transfer of manufacturing technology and citizen science projects under this section, allocated to the Federal agencies that use and techniques developed at the Institute to the head of a Federal agency, or the heads of crowdsourcing or citizen science authorized Centers and, through them, to manufacturing multiple Federal agencies working coopera- under this section to carry out a project. companies throughout the United States; tively— SEC. 403. NIST OTHER TRANSACTION AUTHORITY (A) may use funds appropriated by Congress; UPDATE. ‘‘(2) the participation of individuals from in- (B) may publicize projects and solicit and ac- Section 2(b)(4) of the National Institute of dustry, institutions of higher education, State cept funds or in-kind support for such activities Standards and Technology Act (15 U.S.C. governments, other Federal agencies, and, when from— 272(b)(4)) is amended to read as follows: appropriate, the Institute in cooperative tech- (i) other Federal agencies; ‘‘(4) to enter into and perform such contracts, nology transfer activities; (ii) for profit or nonprofit private sector enti- including cooperative research and development ‘‘(3) efforts to make new manufacturing tech- ties, including private institutions of higher arrangements, grants, cooperative agreements, nology and processes usable by United States- education; or real property leases, or other transactions, as based small and medium-sized companies; (iii) State, tribal, local, or foreign government may be necessary in furtherance of the purposes ‘‘(4) the active dissemination of scientific, en- agencies, including public institutions of higher of this Act and on such terms as the Director gineering, technical, and management informa- education; and considers appropriate;’’. tion about manufacturing to industrial firms, (C) may not give any special consideration to SEC. 404. NIST VISITING COMMITTEE ON AD- including small and medium-sized manufac- any entity described in subparagraph (ii) in re- VANCED TECHNOLOGY UPDATE. turing companies; turn for such funds or in-kind support. Section 10(a) of the National Institute of ‘‘(5) the utilization, when appropriate, of the (12) FACILITATION.— Standards and Technology Act (15 U.S.C. expertise and capability that exists in Federal (A) GENERAL SERVICES ADMINISTRATION AS- 278(a)) is amended— agencies, other than the Institute, and feder- SISTANCE.—The Administrator of the General (1) in the second sentence, by striking ‘‘15 ally-sponsored laboratories; Services Administration, in coordination with members appointed by the Director, at least 10 ‘‘(6) the provision to community colleges and the Director of the Office of Personnel Manage- of whom’’ and ‘‘not fewer than 9 members ap- area career and technical education schools of ment, shall, at no cost to Federal agencies, iden- pointed by the Director, a majority of whom’’; information about the job skills needed in man- tify and develop relevant products, training, and ufacturing companies, including small and me- and services to facilitate the use of (2) in the third sentence, by striking ‘‘Na- dium-sized manufacturing businesses in the re- crowdsourcing and citizen science projects tional Bureau of Standards’’ and inserting ‘‘Na- gions they serve; under this section, including by specifying the tional Institute of Standards and Technology’’. ‘‘(7) the promotion and expansion of certifi- appropriate contract vehicles and technology TITLE V—MANUFACTURING cation systems, including efforts to assist small- and organizational platforms to enhance the SEC. 501. HOLLINGS MANUFACTURING EXTEN- and medium-sized manufacturing businesses in ability of Federal agencies to carry out the ac- SION PARTNERSHIP IMPROVE- creating new apprenticeships or utilizing exist- tivities under this section. MENTS. ing apprenticeships, such as facilitating train- (B) ADDITIONAL GUIDANCE.—The head of each (a) IN GENERAL.—Section 25 of the National ing and providing access to information and ex- Federal agency engaged in crowdsourcing or cit- Institute of Standards and Technology Act (15 perts, to address workforce needs and skills izen science under this section is encouraged— U.S.C. 278k) is amended to read as follows: gaps; and

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00232 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7163

‘‘(8) the growth in employment and wages at ‘‘(5) MERIT REVIEW OF APPLICATIONS.— ‘‘(6) FAILURE TO REMEDY.— United States-based small and medium-sized ‘‘(A) IN GENERAL.—The Secretary shall subject ‘‘(A) IN GENERAL.—If a Center fails to remedy companies. each application to merit review. a deficiency or to show significant improvement ‘‘(d) ACTIVITIES.—The activities of a Center ‘‘(B) CONSIDERATIONS.—In making a decision in performance before the end of the probation shall include— whether to approve an application and provide period under paragraph (5), the Secretary shall ‘‘(1) the establishment of automated manufac- financial assistance under subsection (e), the conduct a competition to select an operator for turing systems and other advanced production Secretary shall consider, at a minimum— the Center under subsection (h). technologies, based on Institute-supported re- ‘‘(i) the merits of the application, particularly ‘‘(B) TREATMENT OF CENTERS SUBJECT TO NEW search, for the purpose of demonstrations and those portions of the application regarding tech- COMPETITION.—Upon the selection of an oper- technology transfer; nology transfer, training and education, and ator for a Center under subsection (h), the Cen- ‘‘(2) the active transfer and dissemination of adaptation of manufacturing technologies to the ter shall be considered a new Center and the research findings and Center expertise to a wide needs of particular industrial sectors; calculation of the years of operation of that range of companies and enterprises, particularly ‘‘(ii) the quality of service to be provided; Center for purposes of paragraphs (1) through small and medium-sized manufacturers; and ‘‘(iii) the geographical diversity and extent of (5) of this subsection and subsection (h)(1) shall ‘‘(3) the facilitation of collaborations and the service area; and start anew. partnerships between small and medium-sized ‘‘(iv) the type and percentage of funding from ‘‘(h) REAPPLICATION COMPETITION FOR FINAN- manufacturing companies , community colleges, other sources under paragraph (3). CIAL ASSISTANCE AFTER 10 YEARS.— and area career and technical education ‘‘(g) EVALUATIONS.— ‘‘(1) IN GENERAL.—If an eligible entity has op- schools, to help those entities better understand ‘‘(1) THIRD AND EIGHTH YEAR EVALUATIONS BY erated a Center under this section for a period the specific needs of manufacturers and to help PANEL.— of 10 consecutive years, the Secretary shall con- manufacturers better understand the skill sets ‘‘(A) IN GENERAL.—The Secretary shall ensure duct a competition to select an eligible entity to that students learn in the programs offered by that each Center is evaluated during its third operate the Center in accordance with the proc- such colleges and schools. and eighth years of operation by an evaluation ess plan under subsection (i). ‘‘(e) FINANCIAL ASSISTANCE.— panel appointed by the Secretary. ‘‘(2) INCUMBENT ELIGIBLE ENTITIES.—An eligi- ‘‘(1) AUTHORIZATION.—Except as provided in ‘‘(B) COMPOSITION.—The Secretary shall en- ble entity that has received financial assistance paragraph (2), the Secretary may provide finan- sure that each evaluation panel appointed under this section for a period of 10 consecutive cial assistance for the creation and support of a under subparagraph (A) is composed of— years and that the Secretary determines is in Center through a cooperative agreement with an ‘‘(i) private experts, none of whom are con- good standing shall be eligible to compete in the eligible entity. nected with the Center evaluated by the panel; competition under paragraph (1). ‘‘(2) COST SHARING.—The Secretary may not and ‘‘(3) TREATMENT OF CENTERS SUBJECT TO RE- provide more than 50 percent of the capital and ‘‘(ii) Federal officials. APPLICATION COMPETITION.—Upon the selection annual operating and maintenance funds re- ‘‘(C) CHAIRPERSON.—For each evaluation of an operator for a Center under paragraph (1), quired to establish and support a Center. panel appointed under subparagraph (B), the the Center shall be considered a new Center and ‘‘(3) RULE OF CONSTRUCTION.—For purposes of Secretary shall appoint a chairperson who is an the calculation of the years of operation of that paragraph (2), any amount received by an eligi- official of the Institute. Center for purposes of paragraphs (1) through ble entity for a Center under a provision of law ‘‘(2) FIFTH YEAR EVALUATIONS BY SEC- (5) of subsection (g) shall start anew. other than paragraph (1) shall not be considered RETARY.—In the fifth year of operation of a ‘‘(i) PROCESS PLAN.—Not later than 180 days an amount provided under paragraph (1). Center, the Secretary shall conduct a review of after the date of the enactment of the American ‘‘(f) APPLICATIONS.— the Center. Innovation and Competitiveness Act, the Sec- ‘‘(1) IN GENERAL.—An eligible entity shall sub- ‘‘(3) PERFORMANCE MEASUREMENT.—In evalu- retary shall implement and submit to Congress a mit an application to the Secretary at such time, ating a Center an evaluation panel or the Sec- plan for how the Institute will conduct an eval- in such manner, and containing such informa- retary, as applicable, shall measure the perform- uation, competition, and reapplication competition as the Secretary may require. ance of the Center against— tion under this section. ‘‘(2) PROGRAM DESCRIPTION.—The Secretary ‘‘(A) the objective specified in subsection (c); ‘‘(j) OPERATIONAL REQUIREMENTS.— shall establish and update, as necessary— ‘‘(B) the performance metrics under subsection ‘‘(1) PROTECTION OF CONFIDENTIAL INFORMA- ‘‘(A) a description of the Program; (f)(2)(C); and TION OF CENTER CLIENTS.—The following infor- ‘‘(B) the application procedures; ‘‘(C) such other criterion as considered appro- mation, if obtained by the Federal Government ‘‘(C) performance metrics; priate by the Secretary. in connection with an activity of a Center or the ‘‘(D) criteria for determining qualified appli- ‘‘(4) POSITIVE EVALUATIONS.—If an evaluation Program, shall be exempt from public disclosure cants; and of a Center is positive, the Secretary may con- under section 552 of title 5, United States Code: ‘‘(E) criteria for choosing recipients of finan- tinue to provide financial assistance for the ‘‘(A) Information on the business operation of cial assistance from among the qualified appli- Center— any participant in the Program or of a client of cants. ‘‘(A) in the case of an evaluation occurring in a Center. ‘‘(F) procedures for determining allowable cost the third year of a Center, through the fifth ‘‘(B) Trade secrets of any client of a Center. share contributions; and year of the Center; ‘‘(k) OVERSIGHT BOARDS.— ‘‘(G) such other program policy objectives and ‘‘(B) in the case of an evaluation occurring in ‘‘(1) IN GENERAL.—As a condition on receipt of operational procedures as the Secretary con- the fifth year of a Center, through the eighth financial assistance for a Center under sub- siders necessary. year of the Center; and section (e), an eligible entity shall establish a ‘‘(3) COST SHARING.— ‘‘(C) in the case of an evaluation occurring in board to oversee the operations of the Center. ‘‘(A) IN GENERAL.—To be considered for finan- the eighth year of a Center, through the tenth ‘‘(2) STANDARDS.— cial assistance under this section, an applicant year of the Center. ‘‘(A) IN GENERAL.—The Director shall estab- shall provide adequate assurances that the ap- ‘‘(5) OTHER THAN POSITIVE EVALUATIONS.— lish appropriate standards for each board de- plicant and if applicable, the applicant’s ‘‘(A) PROBATION.—If an evaluation of a Cen- scribed under paragraph (1). partnering organizations, will obtain funding ter is other than positive, the Secretary shall ‘‘(B) CONSIDERATIONS.—In establishing the for not less than 50 percent of the capital and put the Center on probation during the period standards, the Director shall take into account annual operating and maintenance funds re- beginning on the date that the Center receives the type and organizational structure of an eli- quired to establish and support the Center from notice under subparagraph (B)(i) and ending on gible entity. sources other than the financial assistance pro- the date that the reevaluation is complete under ‘‘(C) REQUIREMENTS.—The standards shall ad- vided under subsection (e). subparagraph (B)(iii). dress, at a minimum— ‘‘(B) AGREEMENTS WITH OTHER ENTITIES.—In ‘‘(B) NOTICE AND REEVALUATION.—If a Center ‘‘(i) membership; meeting the cost-sharing requirement under sub- receives an evaluation that is other than posi- ‘‘(ii) composition; paragraph (A), an eligible entity may enter into tive, the evaluation panel or Secretary, as appli- ‘‘(iii) term limits; an agreement with 1 or more other entities, such cable, shall— ‘‘(iv) conflicts of interest; and as a private industry, an institution of higher ‘‘(i) notify the Center of the reason, including ‘‘(v) whether to limit board members serving education, or a State, United States territory, any deficiencies in the performance of the Cen- on multiple boards under this section. local, or tribal government for the contribution ter identified during the evaluation; ‘‘(3) MEMBERSHIP.— by that other entity of funding if the Secretary ‘‘(ii) assist the Center in remedying the defi- ‘‘(A) IN GENERAL.—Each board established determines the agreement— ciencies by providing the Center, not less fre- under paragraph (1) shall be composed of mem- ‘‘(i) is programmatically reasonable; quently than once every 3 months, an analysis bers as follows: ‘‘(ii) will help accomplish programmatic objec- of the Center, if considered appropriate by the ‘‘(i) The membership of each board shall be tives; and panel or Secretary, as applicable; and representative of stakeholders in the region in ‘‘(iii) is allocable under Program procedures ‘‘(iii) reevaluate the Center not later than 1 which the Center is located. under subsection (f)(2). year after the date of the notice under clause ‘‘(ii) A majority of the members of the board ‘‘(4) LEGAL RIGHTS.—Each applicant shall in- (i). shall be selected from among individuals who clude in the application a proposal for the allo- ‘‘(C) CONTINUED SUPPORT DURING PERIOD OF own or are employed by small or medium-sized cation of the legal rights associated with any in- PROBATION.—The Secretary may continue to manufacturers. tellectual property which may result from the provide financial assistance under subsection (e) ‘‘(B) LIMITATION.—A member of a board estab- activities of the Center. for a Center during the probation period. lished under paragraph (1) may not serve on

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00233 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7164 CONGRESSIONAL RECORD — SENATE December 9, 2016

more than 1 board established under that para- ‘‘(n) SMALL MANUFACTURERS.— ‘‘(E) Such other result as the Director deter- graph. ‘‘(1) EVALUATION OF OBSTACLES.—As part of mines will advance the objective set forth in sec- ‘‘(4) BYLAWS.— the Program, the Director shall— tion 25(c) (15 U.S.C. 278k) or in section 26 (15 ‘‘(A) IN GENERAL.—Each board established ‘‘(A) identify obstacles that prevent small U.S.C. 278l). under paragraph (1) shall adopt and submit to manufacturers from effectively competing in the ‘‘(f) PROGRAM CONTRIBUTION.—Recipients of the Director bylaws to govern the operation of global market; awards under this section shall not be required the board. ‘‘(B) implement a comprehensive plan to train to provide a matching contribution. ‘‘(B) CONFLICTS OF INTEREST.—Bylaws adopt- the Centers to address the obstacles identified in ‘‘(g) GLOBAL MARKETPLACE PROJECTS.—In ed under subparagraph (A) shall include poli- paragraph (2); and making an award under this section, the Direc- cies to minimize conflicts of interest, including ‘‘(C) facilitate improved communication be- tor, in consultation with the MEP Advisory such policies relating to disclosure of relation- tween the Centers to assist such manufacturers Board and the Secretary, may take into consid- ships and recusal as may be necessary to mini- in implementing appropriate, targeted solutions eration whether an application has significant mize conflicts of interest. to the obstacles identified in paragraph (2). potential for enhancing the competitiveness of ‘‘(l) ACCEPTANCE OF FUNDS.—In addition to ‘‘(2) DEVELOPMENT OF OPEN ACCESS RE- small and medium-sized United States manufac- such sums as may be appropriated to the Sec- SOURCES.—As part of the Program, the Secretary turers in the global marketplace. retary and Director to operate the Program, the shall develop open access resources that address ‘‘(h) DURATION.—The duration of an award Secretary and Director may also accept funds best practices related to inventory sourcing, sup- under this section shall be for not more than 3 from other Federal departments and agencies ply chain management, manufacturing tech- years. and from the private sector under section 2(c)(7) niques, available Federal resources, and other ‘‘(i) DEFINITIONS.—The terms used in this sec- of this Act (15 U.S.C. 272(c)(7)), to be available topics to further the competitiveness and profit- tion have the meanings given the terms in sec- to the extent provided by appropriations Acts, ability of small manufacturers.’’. tion 25 (15 U.S.C. 278k).’’. (c) GAO REPORT.—Not later than 2 years after for the purpose of strengthening United States (b) COMPETITIVE AWARDS PROGRAM.—The Na- manufacturing. tional Institute of Standards and Technology the date of enactment of this Act, the Comp- ‘‘(m) MEP ADVISORY BOARD.— Act (15 U.S.C. 271 et seq.) is amended by insert- troller General of the United States, in consulta- ‘‘(1) ESTABLISHMENT.—There is established ing after section 25 the following: tion with the MEP Advisory Board (as defined within the Institute a Manufacturing Extension in section 25 of the National Institute of Stand- Partnership Advisory Board. ‘‘SEC. 25A. COMPETITIVE AWARDS PROGRAM. ards and Technology Act (15 U.S.C. 278k), shall ‘‘(2) MEMBERSHIP.— ‘‘(a) ESTABLISHMENT.—The Director shall es- submit to the Committee on Commerce, Science, ‘‘(A) COMPOSITION.— tablish within the Hollings Manufacturing Ex- and Transportation of the Senate and the Com- ‘‘(i) IN GENERAL.—The MEP Advisory Board tension Partnership under section 25 (15 U.S.C. mittee on Science, Space, and Technology of the shall consist of not fewer than 10 members ap- 278k) and section 26 (15 U.S.C. 278l) a program House of Representatives a report analyzing— pointed by the Director and broadly representa- of competitive awards among participants de- (1) the effectiveness of the changes in the cost tive of stakeholders. scribed in subsection (b) of this section for the share to Centers under section 25 of the Na- ‘‘(ii) REQUIREMENTS.—Of the members ap- purposes described in subsection (c). tional Institute of Standards and Technology pointed under clause (i)— ‘‘(b) PARTICIPANTS.—Participants receiving Act (15 U.S.C. 278k); ‘‘(I) at least 2 members shall be employed by or awards under this section shall be Centers, or a (2) the engagement in services and the charac- on an advisory board for a Center; and consortium of Centers. teristics of services provided by 2 types of Cen- ‘‘(II) at least 5 other members shall be from ‘‘(c) PURPOSE, THEMES, AND REIMBURSE- ters, including volume and type of service; and United States small businesses in the manufac- MENT.— (3) whether the cost-sharing ratio has any ef- turing sector. ‘‘(1) PURPOSE.—The purpose of the program fect on the services provided by either type of ‘‘(iii) LIMITATION.—No member of the MEP established under subsection (a) is to add capa- Center. Advisory Board shall be an employee of the Fed- bilities to the Hollings Manufacturing Extension (d) CONFORMING AMENDMENTS.— eral Government. Partnership, including the development of (1) DEFINITIONS.—Section 2199(3) of title 10, ‘‘(B) TERM.—Except as provided in subpara- projects to solve new or emerging manufacturing United States Code, is amended— graph (C), the term of office of each member of problems as determined by the Director, in con- (A) by striking ‘‘regional center’’ and insert- the MEP Advisory Board shall be 3 years. sultation with the Director of the Hollings Man- ing ‘‘manufacturing extension center’’; ‘‘(C) VACANCIES.—Any member appointed to ufacturing Extension Partnership, the MEP Ad- (B) by inserting ‘‘and best business practices’’ fill a vacancy occurring prior to the expiration visory Board, other Federal agencies, and small before ‘‘referred’’; and of the term for which his predecessor was ap- and medium-sized manufacturers. (C) by striking ‘‘25(a)’’ and inserting ‘‘25(b)’’. (2) ENTERPRISE INTEGRATION INITIATIVE.—Sec- pointed shall be appointed for the remainder of ‘‘(2) THEMES.—The Director may identify 1 or tion 3(a) of the Enterprise Integration Act of such term. more themes for a competition carried out under 2002 (15 U.S.C. 278g-5(a)) is amended by insert- ‘‘(D) SERVING CONSECUTIVE TERMS.—Any per- this section, which may vary from year to year, ing ‘‘Hollings’’ before ‘‘Manufacturing Exten- son who has completed 2 consecutive full terms as the Director considers appropriate after as- sion Partnership’’. of service on the MEP Advisory Board shall sessing the needs of manufacturers and the suc- (3) ASSISTANCE TO STATE TECHNOLOGY PRO- thereafter be ineligible for appointment during cess of previous competitions. GRAMS.—Section 26(a) of the National Institute the 1-year period following the expiration of the ‘‘(3) REIMBURSEMENT.—Centers may be reim- of Standards and Technology Act (15 U.S.C. second such term. bursed for costs incurred by the Centers under 278l(a)) is amended by striking ‘‘Centers pro- ‘‘(3) MEETINGS.—The MEP Advisory Board this section. gram created’’ and inserting ‘‘Hollings Manu- shall— ‘‘(d) APPLICATIONS.—Applications for awards facturing Extension Partnership’’. ‘‘(A) meet not less than biannually; and under this section shall be submitted in such ‘‘(B) provide to the Director— (e) SAVINGS PROVISIONS.—Notwithstanding manner, at such time, and containing such in- ‘‘(i) advice on the activities, plans, and poli- the amendments made by subsections (a) and (b) formation as the Director shall require in con- cies of the Program; of this section, the Secretary of Commerce may ‘‘(ii) assessments of the soundness of the plans sultation with the MEP Advisory Board. carry out section 25 of the National Institute of ELECTION.— and strategies of the Program; and ‘‘(e) S Standards and Technology Act (15 U.S.C. 278k) ‘‘(iii) assessments of current performance ‘‘(1) PEER REVIEW AND COMPETITIVELY AWARD- as that section was in effect on the day before against the plans of the Program. ED.—The Director shall ensure that awards the date of enactment of this Act, with respect ‘‘(4) FACA APPLICABILITY.— under this section are peer reviewed and com- to existing grants, agreements, cooperative ‘‘(A) IN GENERAL.—In discharging its duties petitively awarded. agreements, or contracts, and with respect to under this subsection, the MEP Advisory Board ‘‘(2) GEOGRAPHIC DIVERSITY.—The Director applications for such items that are received by shall function solely in an advisory capacity, in shall endeavor to have broad geographic diver- the Secretary prior to the date of enactment of accordance with the Federal Advisory Com- sity among selected proposals. this Act. ‘‘(3) CRITERIA.—The Director shall select ap- mittee Act (5 U.S.C. App.). SEC. 502. FEDERAL LOAN GUARANTEES FOR IN- ‘‘(B) EXCEPTION.—Section 14 of the Federal plications to receive awards that the Director NOVATIVE TECHNOLOGIES IN MANU- Advisory Committee Act shall not apply to the determines will achieve 1 or more of the fol- FACTURING. MEP Advisory Board. lowing: Section 26(o) of the Stevenson-Wydler Tech- ‘‘(5) ANNUAL REPORT.— ‘‘(A) Improve the competitiveness of industries nology Innovation Act of 1980 (15 U.S.C. ‘‘(A) IN GENERAL.—At a minimum, the MEP in the region in which the Center or Centers are 3721(o)) is amended— Advisory Board shall transmit an annual report located. (1) by inserting ‘‘(1) IN GENERAL.—’’ before to the Secretary for transmittal to Congress not ‘‘(B) Create jobs or train newly hired employ- ‘‘To the maximum’’ and indenting appro- later than 30 days after the submission to Con- ees. priately; and gress of the President’s annual budget request ‘‘(C) Promote the transfer and commercializa- (2) by adding at the end the following: in each year. tion of research and technology from institu- ‘‘(2) ACCESS TO CAPITAL.—The Secretary, in ‘‘(B) CONTENTS.—The report shall address the tions of higher education, national laboratories coordination with the Small Business Adminis- status of the Program and describe the relevant or other Federally-funded research programs, tration and the National Institute of Standards sections of the programmatic planning document and nonprofit research institutes. and Technology, shall identify any gaps in the and updates thereto transmitted to Congress by ‘‘(D) Recruit a diverse manufacturing work- access of small- or medium-sized manufacturers the Director under subsections (c) and (d) of force, including through outreach to women and to capital for the use or production of innova- section 23 (15 U.S.C. 278i). minorities. tive technologies that the program could fill,

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00234 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7165 and develop marketing materials and conduct to each consortium designated as a manufac- (V) a public or private nonprofit organization outreach to target those gaps.’’. turing community under subsection (e) to help or association that has an application that is SEC. 503. MANUFACTURING COMMUNITIES. the members of the consortium access Federal supported by a State, a political subdivision of (a) SHORT TITLE.—This section may be cited funds and technical assistance. a State, or a native community. as the ‘‘Made in America Manufacturing Com- (3) FINANCIAL AND TECHNICAL ASSISTANCE.— (B) REGIONS.—Subject to approval by the Sec- munities Act of 2016’’. (A) IN GENERAL.—Under the Manufacturing retary, a consortium may define the region that it represents if the region— (b) DEFINITIONS.—In this section: Community Support Program, the head of a par- (i) is large enough to contain critical elements (1) MANUFACTURING COMMUNITY SUPPORT PRO- ticipating agency may award financial or tech- of the key technologies or supply chain GRAM.—The term ‘‘Manufacturing Community nical assistance to a member of a consortium designated as a manufacturing community prioritized by the consortium; and Support Program’’ means the program estab- (ii) is small enough to enable close collabora- lished under subsection (c). under subsection (e) as he or she considers appropriate for purposes of such program and con- tion among members of the consortium. (2) PARTICIPATING AGENCY.—The term ‘‘par- (3) DURATION.—Each designation under para- ticipating agency’’ means a Federal agency that sistent with the economic development strategy of the consortium. graph (1) shall be for a period of 2 years. elects to participate in the Manufacturing Com- (4) RENEWAL.— (B) USE OF FUNDS.— munity Support Program. (A) IN GENERAL.—Upon receipt of an applica- (i) IN GENERAL.—A recipient of financial or (3) PARTICIPATING PROGRAM.—The term ‘‘par- tion submitted under subparagraph (B), the Sec- technical assistance under subparagraph (A) ticipating program’’ means a program identified retary may renew a designation made under may use such financial or technical assistance by a participating agency under subsection paragraph (1) for up to 2 additional 2-year peri- to support an investment in an ecosystem that (d)(1)(C). ods. Any designation as a manufacturing com- will improve the competitiveness of United (4) SECRETARY.—The term ‘‘Secretary’’ means munity or renewal of such designation that is in States manufacturing. the Secretary of Commerce. effect before the date of the enactment of this (ii) INVESTMENTS SUPPORTED.—Investments (c) PROGRAM TO DESIGNATE AND SUPPORT Act shall count toward the limit set forth in this supported under this subparagraph may in- MANUFACTURING COMMUNITIES.—The Secretary subparagraph. clude— shall establish a program to improve the com- (B) APPLICATION FOR RENEWAL.—An eligible (I) infrastructure; petitiveness of United States manufacturing consortium seeking a renewal under subpara- (II) access to capital; graph (A) shall submit an application to the by— (III) promotion of exports and foreign direct Secretary at such time, in such manner, and (1) designating consortiums as manufacturing investment; containing such information as the Secretary communities under subsection (e); and (IV) equipment or facility upgrades; may require. (2) supporting manufacturing communities, as (V) workforce training or retraining; (C) MODIFICATIONS AUTHORIZED.—The Sec- so designated, under subsection (d). (VI) energy or process efficiency; retary may renew a designation under subpara- (d) SUPPORT FOR DESIGNATED MANUFAC- (VII) business incubators; graph (A) for an eligible consortium that— TURING COMMUNITIES.— (VIII) site preparation; (i) has changed its composition, either by add- (1) PREFERENTIAL CONSIDERATION.— (IX) advanced research; ing or removing members; or (A) IN GENERAL.—Except as provided in sub- (X) supply chain development; and (ii) as part of its application under subpara- (XI) small business assistance. paragraph (D), if a member of a consortium des- graph (B), submits a revision to the plan sub- (4) COORDINATION.— ignated as a manufacturing community under mitted under paragraph (5)(B)(iv) or the strat- (A) COORDINATION BY SECRETARY OF COM- subsection (e) seeks financial or technical assist- egy submitted under paragraph (5)(B)(v). MERCE.—The Secretary shall coordinate with ance under a participating program of a partici- (D) EVALUATION FOR RENEWAL.—In deter- pating agency, the head of such agency may the heads of the participating agencies to iden- mining whether to renew a designation of an el- give preferential consideration to such member tify programs under paragraph (1)(C)(i). igible consortium under paragraph (1), the Sec- with respect to the awarding of such financial (B) INTER-AGENCY COORDINATION.—The heads retary shall assess the eligible consortium based or technical assistance if— of the participating agencies shall coordinate upon— (i) such head considers the award of the fi- with each other— (i) the performance of the consortium against nancial or technical assistance consistent with (i) to leverage complementary activities, in- the terms of the consortium’s most recent des- the economic development strategy of the concluding from non-Federal sources, such as phi- ignation under paragraph (1) and any post-des- sortium; and lanthropies; and ignation awards the consortium may have re- (ii) the member otherwise meets all applicable (ii) to avoid duplication of efforts. ceived; requirements for the financial or technical as- (e) DESIGNATION OF MANUFACTURING COMMU- (ii) the progress the consortium has made with sistance. NITIES.— respect to project-specific metrics the consortium (B) PARTICIPATING AGENCIES.—The Secretary (1) IN GENERAL.—Except as provided in para- proposed in the consortium’s application for the shall invite other Federal agencies to become graph (7), for purposes of the Manufacturing most recent designation under paragraph (1), participating agencies of the Manufacturing Community Support Program, the Secretary particularly with respect to those metrics that Community Support Program. shall designate eligible consortiums (as described were designed to help communities track their (C) PARTICIPATING PROGRAMS.—The head of in paragraph (2)) as manufacturing commu- own progress; each participating agency shall identify all pro- nities through a competitive process. (iii) whether any changes to the composition grams administered by such participating agen- (2) ELIGIBLE CONSORTIUMS.— of the eligible consortium or revisions to the cy that are applicable to the Manufacturing (A) IN GENERAL.—An eligible consortium is a plan or strategy described in subparagraph Community Support Program. consortium that— (C)(ii) would improve the competitiveness of (i) represents a region defined by the consor- (D) MULTIPLE MEMBERS OF THE SAME CONSOR- United States manufacturing; and tium in accordance with subparagraph (B); TIUM SEEKING THE SAME FINANCIAL OR TECH- (iv) such other criteria as the Secretary con- (ii) includes at least 1— NICAL ASSISTANCE.— siders appropriate. (I) institution of higher education; (5) APPLICATION FOR DESIGNATION.— (i) IN GENERAL.—If a participating agency re- (II) a private sector entity; and (A) IN GENERAL.—An eligible consortium seek- ceives applications for the same financial or (III) a government entity; ing a designation under paragraph (1) shall technical assistance from more than 1 member of (iii) may include 1 or more— submit an application to the Secretary at such the same consortium designated as a manufac- (I) private sector partners; time and in such manner as the Secretary may turing community under subsection (e), the (II) institutions of higher education; require. head of such agency may determine how pref- (III) government entities; (B) CONTENTS.—Each application submitted to erence will be given under subparagraph (A), (IV) economic development and other commu- the Secretary under subparagraph (A) include— including by requiring the consortium to select nity and labor groups; (i) a description of the regional boundaries of which of the members should be given pref- (V) financial institutions; or the consortium; erence. (VI) utilities; (ii) a description of the manufacturing con- (ii) COORDINATION.—If the head of a partici- (iv) has, as a lead applicant— centration of the consortium, including an as- pating agency determines that more than 1 (I) a district organization (as defined in sec- sessment of how the manufacturing concentra- member of a consortium should be given pref- tion 300.3 of title 13, Code of Federal Regula- tion of the consortium competitively ranks na- erence under subparagraph (A) for financial or tions, or successor regulation); tionally according to measures relating to em- technical assistance, he or she may require such (II) an Indian tribe (as defined in section 4 of ployment, sales, location quotients for an indus- members to demonstrate coordination with each the Indian Self-Determination and Education try’s level of concentration, or such other meas- other in developing their applications for the fi- Assistance Act (25 U.S.C. 450b)) or a consortium ures as the Secretary considers appropriate; nancial or technical assistance. of Indian tribes; (iii) an integrated assessment of the local in- (E) REPORT.—Not later than 90 days after the (III) a State or a political subdivision of a dustrial ecosystem of the region of the consor- date of the enactment of this Act, the head of State, including a special purpose unit of a tium, which may include assessment of work- each participating agency shall submit a report State or local government engaged in economic force and training, supplier network, research to the Secretary that specifies how the head will or infrastructure development activities, or a and innovation, infrastructure or site develop- give preferential consideration under subpara- consortium of political subdivisions; ment, trade and international investment, oper- graph (A). (IV) an institution of higher education or a ational improvements, and capital access compo- (2) TECHNICAL ASSISTANCE.—The Secretary consortium of institutions of higher education; nents needed for manufacturing activities in may make a Federal point of contact available or such region;

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00235 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7166 CONGRESSIONAL RECORD — SENATE December 9, 2016 (iv) an evidence-based plan for developing by training researchers funded by the Founda- (1) commercialization of federally-funded re- components of such ecosystem (selected by the tion in entrepreneurship and commercialization; search may benefit society and the economy; consortium) by making— (3) I-Corps should continue to build a network and (I) specific investments to address gaps in of entrepreneurs, educators, mentors, and insti- (2) not-for-profit organizations support the such ecosystem; and tutions and support specialized education and commercialization of federally-funded research (II) the manufacturing of the region of the training; and by providing useful business and technical ex- consortium uniquely competitive; (4) researchers other than those funded by the pertise to researchers. (v) a description of the investments the con- Foundation may also benefit from the education (b) COMMERCIALIZATION GRANTS PROGRAM.— sortium proposes and the implementation strat- and training described in paragraph (3). The Director of the Foundation shall continue egy the consortium intends to use to address (c) I-CORPS PROGRAM.— to award grants on a competitive, merit-re- gaps in such ecosystem; (1) IN GENERAL.—In order to promote a strong, viewed basis to eligible entities to promote the (vi) a description of the outcome-based lasting foundation for the national innovation commercialization of federally-funded research metrics, benchmarks, and milestones that the ecosystem and increase the positive economic results. and social impact of federally-funded research, consortium will track and the evaluation meth- (c) USE OF FUNDS.—Activities supported by ods the consortium will use while designated as the Director of the Foundation shall set forth grants under this section may include— a manufacturing community to gauge perform- eligibility requirements and carry out a program (1) identifying Foundation-sponsored research ance of the strategy of the consortium to im- to award grants for entrepreneurship and com- and technologies that have the potential for ac- prove the manufacturing in the region of the mercialization education, training, and men- celerated commercialization; consortium; and toring. (2) supporting prior or current Foundation- (2) EXPANSION OF I-CORPS.— (vii) such other matters as the Secretary con- sponsored investigators in undertaking proof-of- siders appropriate. (A) IN GENERAL.—The Director— (i) shall encourage the development and ex- concept work, including development of proto- (6) EVALUATION OF APPLICATIONS.—The Sec- pansion of I-Corps and other training programs types of technologies that are derived from retary shall evaluate each application received that focus on professional development, includ- Foundation-sponsored research and have poten- under paragraph (5) to determine— ing education in entrepreneurship and commer- tial market value; (A) whether the applicant demonstrates a sig- (3) promoting sustainable partnerships be- nificant level of regional cooperation in their cialization; and (ii) may establish an agreement with another tween Foundation-funded institutions, indus- proposal; and Federal science agency— try, and other organizations within academia (B) how the manufacturing concentration of (I) to make researchers, students, and institu- and the private sector with the purpose of accel- the applicant competitively ranks nationally actions funded by that agency eligible to partici- erating the transfer of technology; cording to measures described in paragraph pate in the I-Corps program; or (4) developing multi-disciplinary innovation (5)(B)(ii). (II) to assist that agency with the design and ecosystems which involve and are responsive to (7) CERTAIN COMMUNITIES PREVIOUSLY RECOG- implementation of its own program that is simi- specific needs of academia and industry; NIZED.—Each consortium that was designated as lar to the I-Corps program. (5) funding the establishment of proof-of-con- a manufacturing community by the Secretary in (B) PARTNERSHIP FUNDING.—In negotiating an cept and prototype development in partnership carrying out the Investing in Manufacturing agreement with another Federal science agency with academia to advance technologies; and Communities Partnership initiative of the De- under subparagraph (A)(ii), the Director shall (6) providing professional development, men- partment of Commerce before the date of the en- require that Federal science agency to provide toring, and advice in entrepreneurship, project actment of this Act shall be deemed a manufac- funding for— management, and technology and business de- turing community designated under this sub- (i) the training for researchers, students, and velopment to innovators. section if such consortium is still designated as institutions selected for the I-Corps program; (d) ELIGIBILITY.— a manufacturing community by the Secretary as and (1) IN GENERAL.—The following organizations part of such initiative. (ii) the locations that Federal science agency may be eligible for grants under this section: (f) RECEIPT OF TRANSFERRED FUNDS.—The designates as regional and national infrastruc- (A) Institutions of higher education. Secretary may accept amounts transferred to the ture for science and engineering entrepreneur- (B) Public or nonprofit technology transfer Secretary from the head of another partici- ship. organizations. pating agency to carry out this section. (3) FOLLOW-ON COMMERCIALIZATION GRANTS.— (C) A nonprofit organization that partners (A) IN GENERAL.—Subject to subparagraph TITLE VI—INNOVATION, COMMERCIALIZA- with an institution of higher education. (B), the Director, in consultation with the Di- TION, AND TECHNOLOGY TRANSFER (D) A consortia of 2 or more of the organiza- rector of the Small Business Innovation Re- SEC. 601. INNOVATION CORPS. tions described under subparagraphs (A) search Program, shall make funds available for through (C). (a) FINDINGS.—Congress makes the following competitive grants, including to I-Corps partici- findings: (2) LEAD ORGANIZATIONS.—Any eligible orga- pants, to help support— nization under paragraph (1) may apply as a (1) The National Science Foundation Innova- (i) prototype or proof-of-concept development; lead organization. tion Corps (referred to in this section as the ‘‘I- and (e) APPLICATIONS.—An eligible entity seeking Corps’’) was established to foster a national in- (ii) such activities as the Director considers a grant under this section shall submit an appli- novation ecosystem by encouraging institutions, necessary to build local, regional, and national cation to the Director at such time, in such scientists, engineers, and entrepreneurs to iden- infrastructure for science and engineering entre- tify and explore the innovation and commercial preneurship. manner, and containing such information as the potential of National Science Foundation-fund- (B) LIMITATION.—Grants under subparagraph Director may require. ed research well beyond the laboratory. (A) shall be limited to participants with innova- SEC. 603. OPTICS AND PHOTONICS TECHNOLOGY (2) Through I-Corps, the Foundation invests tions that because of the early stage of develop- INNOVATIONS. in entrepreneurship and commercialization edu- ment are not eligible to participate in a Small (a) FINDINGS.—Congress makes the following cation, training, and mentoring that can ulti- Business Innovation Research Program or a findings: mately lead to the practical deployment of tech- Small Business Technology Transfer Program. (1) The 1998 National Research Council Re- nologies, products, processes, and services that (4) STATE AND LOCAL PARTNERSHIPS.—The Di- port, ‘‘Harnessing Light’’ presented a com- improve the Nation’s competitiveness, promote rector may engage in partnerships with State prehensive overview on the importance of optics economic growth, and benefit society. and local governments, economic development and photonics to various sectors of the United (3) By building networks of entrepreneurs, organizations, and nonprofit organizations to States economy. educators, mentors, institutions, and collabora- provide access to the I-Corps program to support (2) In 2012, in response to increased coordina- tions, and supporting specialized education and entrepreneurship and commercialization edu- tion and investment by other nations, the Na- training, I-Corps is at the leading edge of a cation and training for researchers, students, tional Research Council released a follow up strong, lasting foundation for an American in- and institutions under this subsection. study recommending a national photonics ini- novation ecosystem. (5) REPORTS.—The Director shall submit to the tiative to increase collaboration and coordina- (4) By translating federally funded research appropriate committees of Congress a biennial tion among United States industry, Federal and to a commercial stage more quickly and effi- report on I-Corps program efficacy, including State government, and academia to identify and ciently, programs like the I-Corps create new metrics on the effectiveness of the program. further advance areas of photonics critical to re- jobs and companies, help solve societal prob- Each Federal science agency participating in gaining United States competitiveness and lems, and provide taxpayers with a greater re- the I-Corps program or that implements a simi- maintaining national security. turn on their investment in research. lar program under paragraph (2)(A) shall con- (3) Publicly-traded companies focused on op- (5) The I-Corps program model has a strong tribute to the report. tics and photonics in the United States enable record of success that should be replicated at all (6) DEFINITIONS.—In this subsection, the terms more than $3 trillion in revenue annually. Federal science agencies. ‘‘Small Business Innovation Research Program’’ (b) SENSE OF CONGRESS.—It is the sense of (b) SENSE OF CONGRESS.—It is the sense of and ‘‘Small Business Technology Transfer Pro- Congress that— Congress that— gram’’ have the meanings given those terms in (1) optics and photonics research and tech- (1) commercialization of federally-funded re- section 9 of the Small Business Act (15 U.S.C. nologies promote United States global competi- search can improve the Nation’s competitive- 638). tiveness in industry sectors, including tele- ness, grow the economy, and benefit society; SEC. 602. TRANSLATIONAL RESEARCH GRANTS. communications and information technology, (2) I-Corps is a useful tool in promoting the (a) SENSE OF CONGRESS.—It is the sense of energy, healthcare and medicine, manufac- commercialization of federally-funded research Congress that— turing, and defense;

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00236 Fmt 4637 Sfmt 6333 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — SENATE S7167 (2) Federal science agencies, industry, and Mr. PORTMAN. Mr. President, I journ, to then convene for pro forma academia should seek partnerships with each move to concur in the House amend- sessions only, with no business being other to develop basic research in optics and ment, and I ask unanimous consent conducted, on the following dates and photonics into more mature technologies and ca- that the motion be agreed to and the times, and that following each pro pabilities; and (3) each Federal science agency, as appro- motion to reconsider be considered forma session, the Senate adjourn until priate, should— made and laid upon the table. the next pro forma session: Tuesday, (A) survey and identify optics and photonics- The PRESIDING OFFICER. Without December 13, at 8:30 a.m.; Friday, De- related programs within that Federal science objection, it is so ordered. cember 16, at 10 a.m.; Tuesday, Decem- agency and share results with other Federal ber 20, at 9:30 a.m.; Friday, December science agencies for the purpose of generating f 23, at 11:30 a.m.; Tuesday, December 27, multiple applications and uses; NATIONAL PARK SERVICE at 4:30 p.m.; Friday, December 30, at 10 (B) partner with the private sector and aca- a.m.; Tuesday, January 3, at 11:55 a.m. demia to leverage knowledge and resources to CENTENNIAL ACT maximize opportunities for innovation in optics Mr. PORTMAN. Mr. President, I ask f and photonics; unanimous consent that the Senate PROGRAM (C) explore research and development oppor- proceed to the immediate consider- tunities, including Federal and private sector- Mr. PORTMAN. Mr. President, for sponsored internships, to ensure a highly ation of H.R. 4680, which was received the information of all Senators, when trained optics and photonics workforce in the from the House. the Senate adjourns on Tuesday, Janu- United States; The PRESIDING OFFICER. The ary 3, 2017, it will next convene at 12 (D) encourage partnerships between academia clerk will report the bill by title. noon on January 3 pursuant to the and industry to promote improvement in the The senior assistant legislative clerk Constitution. education of optics and photonics technicians at read as follows: the secondary school level, undergraduate level, f A bill (H.R. 4680) to prepare the National and 2-year college level, including through the Park Service for its Centennial in 2016 and ADJOURNMENT UNTIL TUESDAY, Foundation’s Advanced Technological Edu- for a second century of promoting and pro- DECEMBER 13, 2016, AT 8:30 A.M. cation program; and (E) assess existing programs and explore alter- tecting the natural, historic, and cultural re- Mr. PORTMAN. Mr. President, if natives to modernize photonics laboratory sources of our National Parks for the enjoy- there is no further business to come be- equipment in undergraduate institutions in the ment of present and future generations, and fore the Senate, I ask unanimous con- for other purposes. United States to facilitate critical hands-on sent that it stand adjourned under the learning. There being no objection, the Senate provisions of S. Res. 640, as a further SEC. 604. AUTHORIZATION OF APPROPRIATIONS proceeded to consider the bill. mark of respect to the late John Glenn, FOR THE REGIONAL INNOVATION Mr. PORTMAN. Mr. President, I ask PROGRAM. former Senator from the State of Ohio. Section 27(g)(2) of the Stevenson-Wydler unanimous consent that the bill be There being no objection, the Senate, Technology Innovation Act of 1980 (15 U.S.C. considered read a third time and passed at 6:39 a.m., adjourned until Tuesday, 3722(g)(2)) is amended to read as follows: and the motion to reconsider be consid- December 13, 2016, at 8:30 a.m. ‘‘(2) AUTHORIZATION LEVELS.—From amounts ered made and laid upon the table. f appropriated for economic development assist- The PRESIDING OFFICER. Without ance programs, the Secretary may use objection, it is so ordered. DISCHARGED NOMINATIONS $30,000,000 for each of the fiscal years 2017 and The bill (H.R. 4680) was ordered to a The Senate Committee on Com- 2018 for grants under this section.’’. third reading, was read the third time, merce, Science, and Transportation Mr. PORTMAN. Mr. President, I ask and passed. was discharged from further consider- unanimous consent that the com- ation of the following nominations f mittee-reported substitute amendment unanimous consent and the nomina- be withdrawn, the Gardner substitute APPOINTMENTS AUTHORITY tions were confirmed: amendment be agreed to, the bill, as Mr. PORTMAN. Mr. President, I ask COAST GUARD NOMINATIONS BEGINNING WITH CAPT. amended, be considered read a third MELVIN W. BOUBOULIS AND ENDING WITH CAPT. MI- time and passed, and the motion to re- unanimous consent that notwith- CHAEL P. RYAN, WHICH NOMINATIONS WERE RECEIVED standing the upcoming adjournment of BY THE SENATE AND APPEARED IN THE CONGRESSIONAL consider be considered made and laid RECORD ON NOVEMBER 15, 2016 . upon the table. the Senate, the President of the Sen- COAST GUARD NOMINATIONS BEGINNING WITH STE- ate, the President pro tempore, and the PHEN J. ALBERT AND ENDING WITH MATTHEW W. ZINN, The PRESIDING OFFICER. Without WHICH NOMINATIONS WERE RECEIVED BY THE SENATE objection, it is so ordered. majority and minority leaders be au- AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- thorized to make appointments to com- VEMBER 15, 2016. The committee-reported amendment COAST GUARD NOMINATIONS BEGINNING WITH JEN- in the nature of a substitute was with- missions, committees, boards, con- NIFER L. ADAMS AND ENDING WITH PETER J. ZAUNER, ferences, or interparliamentary con- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE drawn. AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- The amendment (No. 5186) in the na- ferences authorized by law, by concur- VEMBER 15, 2016. rent action of the two Houses, or by COAST GUARD NOMINATIONS BEGINNING WITH DARYL ture of a substitute was agreed to. P. SCHAFFER AND ENDING WITH LISA H. SCHULZ, WHICH (The amendment is printed in today’s order of the Senate. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- The PRESIDING OFFICER. Without PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER RECORD under ‘‘Text of Amendments.’’) 15, 2016. The bill (S. 3084), as amended, was or- objection, it is so ordered. COAST GUARD NOMINATIONS BEGINNING WITH DAVID C. CLIPPINGER AND ENDING WITH MATTHEW B. WIL- dered to be engrossed for a third read- f LIAMS, WHICH NOMINATIONS WERE RECEIVED BY THE ing, was read the third time, and SENATE AND APPEARED IN THE CONGRESSIONAL ORDER FOR PRINTING RECORD ON NOVEMBER 15, 2016. passed. COAST GUARD NOMINATIONS BEGINNING WITH MARK f Mr. PORTMAN. Mr. President, I ask E. AMES AND ENDING WITH MATTHEW D. WADLEIGH, unanimous consent that any tributes WHICH NOMINATIONS WERE RECEIVED BY THE SENATE DEPARTMENT OF STATE OPER- AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- VEMBER 15, 2016. ATIONS AUTHORIZATION AND submitted by December 20, 2016, as authorized by the order of December 10, COAST GUARD NOMINATIONS BEGINNING WITH JOHN F. EMBASSY SECURITY ACT, FIS- BARRESI AND ENDING WITH MARK B. WALSH, WHICH 2016, be printed in the January 3, 2017, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CAL YEAR 2016 PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER CONGRESSIONAL RECORD of the 114th Mr. PORTMAN. Mr. President, I ask 15, 2016. Congress. f that the Chair lay before the Senate The PRESIDING OFFICER. Without the message from the House to accom- objection, it is so ordered. CONFIRMATIONS pany S. 1635. f Executive nominations confirmed by The Presiding Officer laid before the the Senate December 9, 2016: Senate the following message from the ORDERS FOR TUESDAY, DECEM- DEPARTMENT OF LABOR House of Representatives: BER 13, 2016, THROUGH TUESDAY, ADRI DAVIN JAYARATNE, OF MICHIGAN, TO BE AN AS- Resolved, That the bill from the Senate (S. JANUARY 3, 2017 SISTANT SECRETARY OF LABOR. 1635) entitled ‘‘An Act to authorize the De- FEDERAL DEPOSIT INSURANCE CORPORATION partment of State for fiscal year 2016, and for Mr. PORTMAN. Mr. President, I ask unanimous consent that when the Sen- JAY NEAL LERNER, OF ILLINOIS, TO BE INSPECTOR other purposes.’’, do pass with an amend- GENERAL, FEDERAL DEPOSIT INSURANCE CORPORA- ment. ate completes its business today, it ad- TION.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00237 Fmt 4637 Sfmt 9801 E:\CR\FM\A09DE6.167 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S7168 CONGRESSIONAL RECORD — SENATE December 9, 2016

EXECUTIVE OFFICE OF THE PRESIDENT ROBERT G. TAUB, OF NEW YORK, TO BE A COMMIS- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE SIONER OF THE POSTAL REGULATORY COMMISSION FOR AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- ANDREW MAYOCK, OF ILLINOIS, TO BE DEPUTY DIREC- A TERM EXPIRING OCTOBER 14, 2022. VEMBER 15, 2016. TOR FOR MANAGEMENT, OFFICE OF MANAGEMENT AND DEPARTMENT OF STATE COAST GUARD NOMINATIONS BEGINNING WITH JEN- BUDGET. NIFER L. ADAMS AND ENDING WITH PETER J. ZAUNER, KAMALA SHIRIN LAKHDHIR, OF CONNECTICUT, A CA- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE NAVY REER MEMBER OF THE SENIOR FOREIGN SERVICE, AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VEMBER 15, 2016. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES IN THE UNITED STATES NAVY TO THE GRADE INDICATED COAST GUARD NOMINATIONS BEGINNING WITH DARYL OF AMERICA TO MALAYSIA. UNDER TITLE 10, U.S.C., SECTION 624: P. SCHAFFER AND ENDING WITH LISA H. SCHULZ, WHICH DEPARTMENT OF TRANSPORTATION NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be rear admiral PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER ANN BEGEMAN, OF SOUTH DAKOTA, TO BE A MEMBER 15, 2016. REAR ADM. (LH) WILLIAM J. GALINIS OF THE SURFACE TRANSPORTATION BOARD FOR A TERM EXPIRING DECEMBER 31, 2020. COAST GUARD NOMINATIONS BEGINNING WITH DAVID DEPARTMENT OF COMMERCE C. CLIPPINGER AND ENDING WITH MATTHEW B. WIL- IN THE COAST GUARD LIAMS, WHICH NOMINATIONS WERE RECEIVED BY THE PEGGY E. GUSTAFSON, OF MARYLAND, TO BE INSPEC- SENATE AND APPEARED IN THE CONGRESSIONAL TOR GENERAL, DEPARTMENT OF COMMERCE. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES COAST GUARD TO THE GRADE IN- RECORD ON NOVEMBER 15, 2016. STATE JUSTICE INSTITUTE DICATED UNDER TITLE 14, U.S.C., SECTION 271(E): COAST GUARD NOMINATIONS BEGINNING WITH MARK E. AMES AND ENDING WITH MATTHEW D. WADLEIGH, JOHN D. MINTON, JR., OF KENTUCKY, TO BE A MEMBER To be rear admiral (lower half) WHICH NOMINATIONS WERE RECEIVED BY THE SENATE OF THE BOARD OF DIRECTORS OF THE STATE JUSTICE CAPT. MELVIN W. BOUBOULIS AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2019. CAPT. DONNA L. COTTRELL VEMBER 15, 2016. CAPT. MICHAEL J. JOHNSTON COAST GUARD NOMINATIONS BEGINNING WITH JOHN F. POSTAL REGULATORY COMMISSION CAPT. ERIC C. JONES BARRESI AND ENDING WITH MARK B. WALSH, WHICH MARK D. ACTON, OF KENTUCKY, TO BE A COMMIS- CAPT. MICHAEL P. RYAN NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SIONER OF THE POSTAL REGULATORY COMMISSION FOR COAST GUARD NOMINATIONS BEGINNING WITH STE- PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER A TERM EXPIRING OCTOBER 14, 2022. PHEN J. ALBERT AND ENDING WITH MATTHEW W. ZINN, 15, 2016.

VerDate Sep 11 2014 05:03 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00238 Fmt 4637 Sfmt 9801 E:\CR\FM\A09DE6.026 S09DEPT1 rfrederick on DSKBCBPHB2PROD with SENATE December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1665 EXTENSIONS OF REMARKS

TRIBUTE TO DANNIE STEPHENS not allow this to obscure the very real fact that sive Addiction and Recovery Act and the 21st there are thousands in our community who still Century Cures Act to provide much needed HON. DAVID YOUNG struggle to put a roof over their heads. Fortu- funding and critical policy changes to fight this OF IOWA nately, that same prosperity has enabled the epidemic. County to help ensure that all of its residents The advocacy of these families truly is so IN THE HOUSE OF REPRESENTATIVES have access to safe and affordable housing. important to leading to change in Washington Thursday, December 8, 2016 Since its founding, the FCRHA has grown and I am proud to preserve their stories. Mr. YOUNG of Iowa. Mr. Speaker, I rise from owning less than 250 affordable housing JAMES R. MASCIANTONIO, JR.—INDIAN SHORES, today to recognize and congratulate Dannie units in 1972 to over 3,000 units in 2016. In FLORIDA Stephens of Creston, Iowa, for his induction addition, FCRHA administers more than 3,500 James R. Masciantonio, Jr. (Jim) was born into the Creston High School Hall of Fame. Housing Choice Vouchers, serving nearly November 27, 1984. He was beautiful inside Dannie attended Creston High School in the 20,000 Fairfax County residents and has pro- and out and a true gentleman. Jim was kind, late 1960s and was a varsity letterman, quali- vided in excess of $500 million in bonds for loving, intelligent, and could always make both for-profit and non-profit housing devel- me laugh with his witty sense of humor and fying for the state wrestling tournament in contagious laughter. 1968. Dannie began his teaching career in opers. Jim was first put in ice skates at the age 1974, and in 1980 he returned to Creston to Its efforts have not gone unnoticed. In 2012, of three, and he went on to play ice hockey teach and coach wrestling. Dannie has had a the Department of Housing and Urban Devel- all through high school. Jim excelled at ev- lasting impact on his students both in the opment designated the FCRHA as a ‘‘Moving- erything he tried. He had an unbelievable classroom and in the gym, challenging and to-Work’’ agency in recognition of its efforts in ability to totally recall life events, movie encouraging students to do their best and the field of affordable housing. This is due in quotes, and sport statistics—he was a walk- dream big. He is recognized throughout the no small part to the leadership of its Chair- ing encyclopedia. Jim also had a true gift of man, Robert ‘‘Bob’’ Schwaninger. I commend writing narratives and an imagination to community as a teacher who was, and con- write creatively. He was later given the op- tinues to be, committed to making a difference him for that leadership and congratulate him portunity to conduct interviews for the in each of his students’ lives. on the success of FCRHA. cagejunkies.com, which reports on MMA and Mr. Speaker, I am honored to represent Mr. Speaker, Fairfax County remains one of UFC News; this job was a true highlight in Dannie in the United States Congress and to the best places in the country in which to live, Jim’s life. have the opportunity to recognize him today. I work and raise a family. It has retained that Unfortunately, Jim had the dreadful dis- ask that all of my colleagues in the United distinction due in large part to the high quality ease of addiction, coupled with bipolar dis- States House of Representatives join me in of life enjoyed by all of its residents. What has order. Jim first started using marijuana at the age of 11 and graduated to heroin by 17. congratulating Dannie for his achievements always struck me about this community, and He finally found recovery in 2009, at the age and in wishing him nothing but continued suc- what I have always considered a key metric of of 26, and was dedicated to the program. cess. civic health, is the degree to which this com- Soon after, Jim fell in love and fathered a f munity gives back to those who are less fortu- child in May of 2010. He was a proud, dedi- nate. The commitment and effort to end home- cated, wonderful, and loving father—filled RECOGNIZING THE FAIRFAX COUN- lessness and provide affordable and workforce with goals and dreams for his son. TY REDEVELOPMENT AND HOUS- housing options is just one examples of the In February 2011, Jim needed to have sur- ING AUTHORITY ON ITS 50TH AN- generous spirit of Fairfax County, its employ- gery. In the following months, Jim’s recov- NIVERSARY ery slowly became no longer a priority, due ees, volunteers, and residents. to dealing with stresses caused by pain from I ask my colleagues to join me in thanking his surgery, demands of work, and family HON. GERALD E. CONNOLLY the FCRHA for its important work, in congratu- life. By December 2011, his girlfriend re- OF VIRGINIA lating it on its 50th anniversary, and in wishing quested for him to leave their home—sepa- IN THE HOUSE OF REPRESENTATIVES the organization great success in all future en- rating Jim from his son. From that day Jim deavors. was heartbroken, defeated, and lost, as he Thursday, December 8, 2016 struggled to get back on the path to recov- f Mr. CONNOLLY. Mr. Speaker, I rise today ery. There were countless hurdles and obsta- to recognize the Fairfax County Redevelop- RECOGNIZING FAMILIES AF- cles he had to overcome and, like the warrior he was, he tried his hardest. ment and Housing Authority (FCRHA) on the FECTED BY THE NATIONAL OPIOID EPIDEMIC The system failed Jim repeatedly. From occasion of its 50th anniversary. the time he was 18, Jim was in over 35 treat- Since 1966 the FCRHA has served the resi- ment centers. The Florida County Drug dents of Fairfax County by working to ensure HON. ANN M. KUSTER Court, created to give my son an opportunity that affordable housing is available to all who OF NEW HAMPSHIRE for recovery, ended up making his life worse. On February 24, 2015, Jim suffered his first qualify. While this is admittedly a tall order and IN THE HOUSE OF REPRESENTATIVES has only become more difficult over time, the overdose on heroin. The paramedics worked FCRHA and the County’s Department of Thursday, December 8, 2016 on him for an hour, finally taking him to a Florida hospital that allowed him to leave Housing and Community Development have Ms. KUSTER. Mr. Speaker, it is my honor to against medical advice (AMA) after an hour worked tirelessly to accomplish this laudable include in the RECORD today the personal sto- of being there. His family was never con- goal. In addition to their efforts to preserve ries of families from across the country that tacted or told about this incident. Three and increase availability of affordable and have been affected by the opioid and heroin days later, on February 27th, Jim was found workforce housing, the FCRHA and the HCD epidemic. In the U.S. we lose 129 lives per alone in a motel after injecting heroin but also oversee the community revitalization day to opioid and heroin overdose. In my this time the heroin was laced with fentanyl. plans adopted by Fairfax County. home state of New Hampshire I have learned Jim was clean and sober for six months As a former member and Chairman of the so many heartbreaking stories of great people prior to these incidents. Fairfax County Board of Supervisors, I can at- and families who have suffered from the ef- MILES ANTHONY MCENTEE—AUSTIN, TEXAS test firsthand to the importance of the work fects of substance use disorder. Miles was everything a parent could ask carried out by both of these organizations. Earlier this year, my colleagues and I were for in a son. He was sensitive and caring. He loved animals and they loved him. He en- During my time as Chairman of the Board, I joined by many of these courageous families joyed music and fishing; particularly ice was proud to work with the FCRHA to pre- who came to Washington to share their stories fishing with his dad and stepmom. He was a serve over 1,000 affordable housing units in with Members of Congress and push for ac- passionate skateboarder and was very good Fairfax County. Despite the economic pros- tion that will prevent overdoses and save lives. at it. Miles was close to his cousins and perity we have experienced in Fairfax, we can- Since then, we passed both the Comprehen- younger sister, Taylor.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.096 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1666 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016 While in high school, Miles experienced se- who are struggling with this disease. Larry’s Zach was the oldest of three siblings. He rious pain, which stemmed from breaking sister works in advertising and has created always seemed to be saving or hugging just the scaphoid bone in his wrist. He celebrated anti-drug commercials for ONDCP and The about everyone. Zach took his ‘‘cool older his 21st birthday in a hospital bed, recov- Partnership for Drug Free Kids. She has also brother’’ persona into high school too. He ering from surgery. Even after three surgical been a Parent Coach for the Partnership, was a member of the National Honor Soci- procedures, Miles still had considerable pain helping families that call their hotline. She ety, active in youth group, a community vol- and very limited range of motion in his wants to do whatever she can to ensure that unteer, and a lifeguard. He swam and played wrist. Miles started a ‘‘Go Fund Me’’ cam- no family goes through what her family did. football, basketball and golf. Zach was some- paign to raise money for physical therapy BRIAN MENDELL—NEW YORK, NEW YORK one people felt they could talk to because he was understanding and compassionate. He al- and to hopefully see another doctor but it Brian was a loving child, full of smiles and ways had a big grin, an open mind and the never happened; he was all out of money. light. Like so many children, as he entered best hugs. Miles then discovered a cheap alternative his teenage years, Brian tried marijuana. for his pain relief, black tar heroin, and soon In high school, Zach became friends with a And like far too many, this led to experimen- group of kids who he thought would relieve the pain didn’t matter anymore. Things got tation with drugs to which he became ad- out of hand very quickly. Miles lost jobs, him of the ‘‘good kid’’ labels. At 15, this dicted. For almost ten years, Brian battled group of friends introduced Zach to mari- wrecked his car and moved into the dining the disease of addiction and struggled room of his mother’s one bedroom apart- juana. Despite our open household and the through its cycle of shame, isolation and ease of conversation within our family, Zach ment. His mother knew that as long as he failure. During that same time, Brian’s fa- was under her roof, she knew he was safe. His began to use marijuana more frequently, ther and family were also fighting to navi- which led him to become closed off and se- mother spent countless sleepless nights wor- gate the complex and confusing web of treat- rying about him riding his bike or cretive. After Zach was arrested for drug ment programs and therapies. If you know possession at the age of 16, his parents de- skateboarding home from work in the middle someone who has struggled with addiction, of the night. cided to place him into rehabilitation at 17 you know all too well the pain and anguish and moved him to a different high school. As she looks back over the year or so he of watching a loved one in the clutches of lived with her, things were mostly wonder- This transition was difficult for the entire this disease. family. At home, Zach found himself in a ful. We were very close. We had a similar Through it all, Brian remained loving and sense of humor and shared many laughs. He new family dynamic and at school, he had compassionate, and expressed that no one new friends, new classes, and new dress was my best friend and always did his best to should have to suffer through this dev- make sure his mama was okay. He made sure codes. astating disease. During a visit home in the As Zach’s addiction hung over his family, I had food everyday. Many nights, Miles summer of 2011, Brian and his father were they decided it would be best to move to Ari- would bring home pizza on the bus after his sitting on the back porch one night when zona for a fresh start. Around the time of the shift working at a pizza parlor: We would Brian spoke about the stigma of addiction big move, Zach began to spend time with the talk, eat and laugh. We loved watching and the shame he felt: same group of friends that had gotten him storms together—Miles dreamed of being a Dad, 300 years ago they burned women on into trouble in the first place. He started meteorologist, something he was never able stakes in Salem, Massachusetts because they using drugs again, and his drug use followed to become due to his addiction. thought they were witches. Later they to Arizona. In a very short time Miles became ad- learned they weren’t and stopped. Someday, After a combination of several police vis- dicted. He told his mother he wanted to stop people will realize that I have a disease and its, calls from the high school and strange using because of the challenges that came that I am trying my hardest. visitors—my brother left our home and with it and many of his friends were dying. This turned out to be Brian’s last visit dropped out of high school before graduation. They did not have the money to get him into home. Four months later, in the middle of He moved to Flagstaff, which is well-known treatment. the night on October 20, 2011, Brian’s father in Arizona for its drug scene. On December After a while, things seemed to be getting got the call that is every parent’s worst 23, 2009, Zach was shot and killed by a fellow better for Miles. He moved into an apart- nightmare. Brian was dead. heroin user. His entire family was shattered ment with his sister. She was not aware he Brian’s passing was, and continues to be, and in the midst of their grief, they had to was using heroin. On the morning of June 2, excruciatingly painful for his father. Perhaps go through the grueling process of a trial 2015, Miles’ sister woke up and found Miles in just as tragic is the fact that it was not just against Zach’s murderer. Zach was only 21 his room. He was already gone. Just 18 days the physical addiction that claimed Brian’s years old. before his 25th birthday. life, but also the shame that Brian felt every ADAM J. NOLAN—CHARDON, OHIO LAWRENCE (LARRY) MCNEILL—NEW YORK, NEW morning when he opened his eyes and felt Adam J. Nolan, whom was raised by his YORK the weight of this disease. That same shame grandmother, Carole, passed away on No- Larry McNeill was amazing, charming, led Brian to wake up that morning in Octo- ber, research suicide notes online, light a vember 17, 2012, from a heroin overdose. funny, popular and a extremely talented Adam would have been 20 years old the fol- drummer. Larry was very close with his twin candle and take his own life. He died alone. Brian died of a disease that afflicts more lowing month. Adam was a very talented sister. They planned out their lives together. musician and artist. He could make friends When they were very little and said their than 22 million Americans every day, as well as tens of millions of family members that with anyone and was very well liked among prayers at night, they used to ask God if his peers. Adam was an absolute joy to be they could ‘‘go to heaven at the same time’’ love them. That’s one quarter of American families. Over 370 people die every day from around when he was not using heroin. because they couldn’t stand the thought of Adam had been in treatment many times either one of them having to live without the addiction related causes, shattering countless lives. Like Brian, the majority of those and participated in various Intensive Out- other. patient Programs (IOPs); he received just Larry’s sister received a phone call the with substance abuse disorder (nearly 8 out of 10) develop this disease before they turn 18 about every kind of treatment that was night Larry overdosed and was told that he available at the time. After being out of jail wasn’t going to make it. When Larry died, a while their brains are still developing. We, as a society, are not protecting our children for almost three weeks, Adam tried hard not big part of her died with him. All of their to respond to the calling of the drug but, in hopes, their dreams; she had lost her best when they are most vulnerable to becoming addicted and unable to protect themselves. the end, it was too much for him to resist. friend. Larry struggled with drugs for many On November 17th, Carole received a call Evidence-based methodologies exist that years but it was their family secret. They from the local hospital saying that Adam could have saved Brian and countless others had nowhere to go to for help and didn’t had been taken there. When she arrived at like him, but they are not being imple- know what to do. They lived in fear—know- the hospital, Carole found out that Adam mented in our communities and schools. ing that Larry was going to die and there was already dead; he died in another heroin Addiction should be treated like the chron- wasn’t anything they could do about it. user’s house after falling asleep in a chair. ic disease it is. Communities should be offer- Larry had a son, (he was one year old when The day Adam died he had come home for ing evidence-based and tangible resources for Larry died) who was then adopted and raised a shower and Carole took him back to the prevention, treatment and recovery. As a so- by his sister. At the age of fourteen, his son house he was staying at. Before she dropped ciety, we need to foster tolerance and com- started smoking weed and couldn’t stop. him off, Adam told her he wished he could go passion, and dismantle the discrimination Larry’s sister wasn’t going to let this happen around to schools and tell kids: ‘‘Do not take and judgment associated with this dev- again. She was able to get help and he went heroin, not even one time; as it is the worst astating disease. into a residential treatment program. Today thing in the world. It hooks you in even the he is clean and sober and Larry’s sister is ZACHARY (ZACH) MORGAN—PHOENIX, ARIZONA first time.’’ When Carole dropped him off, proud of him. Zachary (Zach) Morgan struggled with she told Adam that she loved him; two hours Because of everything that the Popper drug addiction, went through rehabilitation, later Adam was gone. He never got the op- family had been through, Larry’s sister relapsed after a period of sobriety, continued portunity to tell his story, but maybe his shares his story with as many families as to battle his addiction, and ultimately lost death can be used to stop someone who is possible—they need to know that they are his life in a drug-related shooting in 2009. He thinking of trying heroin for the first time. not alone in this. Families need to know is more than just one of the 129 people who Adam was very much loved and is greatly that they can get help for their loved ones are losing their lives to this epidemic. missed.

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.098 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1667

CORA MARIE O’LEARY—PAWTUCKET, RHODE filled the prescription before his surgery. As Dylan went to bed and never woke up. He ISLAND she was looking at the bottles, she noticed died on January 31st, 2015. In his bed. In his Cora Marie O’Leary was born on October 5, that one of them had fewer pills in it than parent’s house. His parent’s worst nightmare 1994. She was her parents second child and the other. When she confronted Kent about came true—their only child was dead. it he admitted to having taken some. first daughter. Growing up, Cora was so fun. Dylan’s mother doesn’t remember much She asked Kent why and his answer was She was spunky and never wanted to be like about that day, but she does know that her chilling. He asked his mother to think about the ‘‘in’’ crowd; she danced to her own beat. life will never be the same. Every day when a time in her life when she had felt We knew early on she would be special. Cora she walks into her house, she sees Dylan’s ‘‘Great’’—‘‘The Best.’’ When she nodded Kent learned the love of reading, along with her shoes sitting on the floor where he kicked said, ‘‘The first time you get high, it’s better brother, as I read to them every night before them off and his jacket draped across the than that. It feels so good that you want to bed. Her love of reading became something banister where he left it. They will never very special between her and I. One of my fa- feel that way again—only it’s physically, have another one of our midnight snacks. vorite memories is when we went to one of chemically impossible.’’ He explained how Dylan will never have the chance to get mar- Jodi Picoult’s readings, met her, and got her the drugs alter your brain chemistry and ried, have kids, travel, and do all of the autograph. Cora would barely study or do why people take more and increase their fre- things that a 19 year old should be experi- homework, yet still aced tests and classes. quency of use in an attempt to get back to encing. Cora was 16 the first time she tried heroin. the feeling of that first high. Cora started to seclude herself from every- On a Monday in September, 2003, there was Dylan was quiet, but when he did talk, he one and everything, well before she even a knock on the Kent’s family’s door and soon was funny. He was a good athlete, loyal, dropped out of school. She then attempted they heard the words: ‘‘Your son has died.’’ handsome and genuine. Dylan and his moth- suicide in her high school’s gym locker room Kent and two other kids crushed some er always knew what the other was thinking with her best friend. From that point on, the Oxycontin and washed them down with beer. and we talked—good talks—all the time. bullying started. People made fun of her for Kent got sleepy and the other two left. As Near the end of his life, his mother sent him trying to take her life and as a result she Kent slept, the drug slowed his respiratory what seemed like thousands of texts just started to self harm, and cut herself. This led system down until it stopped completely. His making sure that he was ok. to more bullying. When she was younger, roommate found him the next day—already Dylan’s mother keeps thinking that she Cora was a cheerleader and a dancer. Cora gone. will wake up and all of this will have been a quit dance when she was young because she DYLAN BRADLEY PEARSON—SAINT FRANCIS, dream. She cannot put into words the pain wanted to spend more time with friends. MINNESOTA that this loss has caused her family. Today, Cora eventually went to an all star gym for maybe a week, only to quit when she felt se- On March 11, 2013, Dylan’s mother found her mission is to help change the system cluded because she ‘‘wore too much eyeliner’’ out that her only child was using heroin at that we currently have. This epidemic has and was ‘‘too goth’’. the age of 18. By the time she found out, her- killed too many young men and women. Cora left Rhode Island to enter a treat- oin had already gotten ahold of him. Over Let’s do all we can to help people with sub- ment center in Florida and moving in with the next year, Dylan was charged with two stance use disorder access the treatment her grandparents afterward. Cora later felonies related to his addiction. He was ad- they need, break the stigma surrounding ad- moved back to Rhode Island and moved in mitted to three different treatment centers. diction, and make some real change. with a new boyfriend; one who tried every- In May of 2014, while Dylan was staying in a thing he could to help keep her sober and off treatment center that he had been fur- f of heroin. loughed to, Dylan’s mother received a phone Cora found a way out to get the drugs call from one of his friends saying that HONORING BATTALION CHIEF while her boyfriend was at work, causing Dylan had overdosed and was in the ER. Not MICHAEL WINK fights with her boyfriend, who was trying to knowing whether Dylan was alive or dead help her. Cora then moved in with her aunt made the drive to the ER one of the worst and got a job—only to use when she got her drives in her life. Luckily Dylan survived, first paycheck. She had been back Rhode Is- but 36 hours after being admitted to the hos- HON. MIKE THOMPSON land for only 52 days. On the night of Friday, pital, he was sent to jail for 30 days. OF CALIFORNIA August 5, 2016, Cora was to go out with her When Dylan was released from jail, he friend. As the friend sat in the driveway began the same routine of using. Dylan’s IN THE HOUSE OF REPRESENTATIVES waiting for Cora, she called me in a panic be- family tried to help him and keep him at cause Cora wouldn’t answer the door or her home but there was nothing they could do. Thursday, December 8, 2016 phone and everything was locked to the They were so desperate that at one point house. Everyone was afraid to call 911, be- they took turns sitting in front of his room, Mr. THOMPSON of California. Mr. Speaker, cause if Cora wasn’t using again she would but when his mother got up for a second, I rise today to honor CalFire Battalion Chief be mad that we didn’t trust her. Dylan sprinted out the back door. They were Michael Wink, whom I have named a 2016 Cora was found by her cousin in the up- helpless. His parents never gave Dylan Public Safety Hero of the Year for Lake Coun- stairs bathroom of her aunt’s house. The money but they let him live at home. safest place she could possibly be. He called Dylan’s mother talked to him every single ty in California’s 5th Congressional District. 911. Even Narcan didn’t work this time as it day about his addiction and told him much This award is given to exceptional members of had eight times before. She became one of she loved him. Dylan didn’t want to live the our community who perform beyond their duty the 129 on August 5, 2016. Our lives are for- life he was leading but he didn’t know how to as a public servant. ever changed. stop. A native of our Napa Valley, Battalion Chief KENT EDWARDS—PHOENIX, ARIZONA In October of 2014, Dylan agreed to go to a Wink attended the Santa Rosa Junior College Kent Edwards, 18 years old, died of an acci- treatment center. The moment he arrived, dental prescription drug overdose in 2003. Dylan didn’t want to be there anymore. Firefighter Academy and served as Academy One night during his sophomore year of high When he walked out of the center, Dylan’s Class Leader. He then attended the CalFire school, Kent called his mother to say that he mother refused to bring him home. So Dylan Academy and began working on assignments was out with some friends and wasn’t coming partied for a few days in a hotel with some across the state. In addition, Battalion Chief home that night. He was calling because he other kids that had been kicked out of the Wink is a certified Emergency Medical Techni- didn’t want to worry his mother, but when treatment center for using. Dylan then went cian and has earned numerous technological they hung up she knew something was to a halfway house and waited there while he and incident management certifications. Bat- tried to get into another treatment facility. wrong. Kent’s mother waited for him when talion Chief Wink currently serves as a CalFire he came home at 6:00 a.m. Dylan received his completion certificate Life changed for the Kent’s family that from this treatment center on January 17, Battalion Chief for Lake County. morning. Kent went to the doctor and tested 2015, and was 90 days clean. Our community knows firsthand the value of positive for substances. His family restricted Dylan tried so hard to stay clean but with- Battalion Chief Wink’s leadership. During the and monitored Kent’s activities. They made in a week of being home, he stumbled again. Clayton and Valley Fires, Battalion Chief Wink a lot of changes that next year and Kent ad- Dylan went to court and was going to be put justed fairly well. He transferred schools and on probation. Things seemed like they were led a large team and acted quickly to help pro- graduated with ease. Kent got a job he loved going to be okay. On the afternoon of Janu- tect our community. His leadership undoubt- and spent time with his friends and family. ary 30th, Dylan’s friend called because he edly limited the damage sustained by our Lake His family thought they had dodged the bul- needed to get rid of the rest of his dope be- County community during those devastating let—Kent didn’t want to be addicted to drugs fore he went into treatment. Dylan’s mother fires. so they mistakenly thought they were in the could tell Dylan was high when she got home clear. It seemed that all was well, but Kent’s from work, but he hung out with her all Mr. Speaker, I thank Battalion Chief Wink family didn’t know any better. night and they had fun. Dylan seemed fine for his dedication to our community’s safety. Before Kent turned 18, he was scheduled to when she told him she loved him and went to For this reason, it is fitting and proper that I have his wisdom teeth removed. His mother bed after midnight. honor him here today.

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.099 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1668 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016 HONORING THE 5TH ANNIVERSARY Samuel Charles, Vladimir ‘‘Vlad’’ Gilbert, IN HONOR OF 100TH ANNIVERSARY OF THE NATIONAL ALLIANCE Regine Albin, Ketsia Saint-Armand, Victoria OF ST. ILLUMINATOR ARMENIAN FOR THE ADVANCEMENT OF HAI- Winslow, Kathy W. Elisca Clermont, Widline APOSTOLIC CATHEDRAL TIAN PROFESSIONALS Luctama, Tracy Vertus, Kristia M. Beaubrun, Claslyne Doris Jean Pierre, Verlene Julceus, HON. CAROLYN B. MALONEY HON. FREDERICA S. WILSON and Malika Raquel Bernard. OF NEW YORK OF FLORIDA The Board of Directors consists of Dr. IN THE HOUSE OF REPRESENTATIVES Wilkerson Compere (chairman), Samuel IN THE HOUSE OF REPRESENTATIVES Thursday, December 8, 2016 Thursday, December 8, 2016 Charles, Mackendy Elmera, Serge Renaud, Dr. Cledicianne Dorvil, and Anide Jean. Mrs. CAROLYN B. MALONEY of New York. Ms. WILSON of Florida. Mr. Speaker, from The Advisory Board is co-chaired by Dr. Mr. Speaker, I rise today to honor the 100th the 24th District of the great state of Florida, Marjorie Pierre Brennan and Miche Jean, and anniversary of St. Illuminator Armenian Apos- I rise to mark the fifth anniversary of the Na- includes Nathalie Liautaud, Bruno Surpris, Dr. tolic Cathedral located in the district I rep- tional Alliance for the Advancement of Haitian C. Reynold Verret, Dr. Paul A. Belony, Am- resent in Manhattan, New York. It was the first Professionals (NAAHP) and to honor its years bassador Danielle Saint-Lot, Jaques M. Jean, Armenian church established in New York of service to the Haitian-American community Brigitte Rousseau, Adler C. Eliacin, and Har- City. and our nation. old Charles. After fleeing to the United States in the late NAAHP was founded in 2008 as the Na- The Scholarship Committee is led by co- 19th and early 20th century following the tional Association of Haitian Professionals chairs Dr. Marjorie P. Brennan and Jacques Hamidian Massacres and Armenian Genocide (NAHP) by a group of ambitious college stu- Medina Jean, and includes Widline Luctama, in the Ottoman Empire, the Armenians of New dents to connect Haitian professionals and Regine Albin, Bruno Surpris, and Miche Jean. York City did not have their own church to build ladders of opportunity for the Haitian di- worship in together. They held religious serv- The Advocacy Committee is under the lead- aspora domestically and abroad. In 2015, ices in various churches, most of which were ership of the Honorable Judge Lionel Jean- NAHP officially became the National Alliance located in the neighborhood of the current ca- Baptiste, Joanne Antoine, and Cassandre for the Advancement of Haitian Professionals thedral. Purchasing a church was initially pro- Theano. to reflect the organization’s growth and pursuit posed in 1913. A successful fundraising effort of new initiatives since its launch in 2011. Mr. Speaker, I urge you, my colleagues in allowed construction to begin for what was In the past five years, NAAHP has become Congress, and all Americans to please join me then known as the central cathedral of the Ar- one of the leading associations for Haitian pro- in honoring the National Alliance for the Ad- menian Apostolic Church in 1915. The Cathe- fessionals and also an advocate on issues af- vancement of Haitian Professionals on their dral officially opened its doors in 1916, but pa- fecting the global Haitian community. fifth anniversary and for hosting this year’s rishioners celebrated the Cathedral’s centen- NAAHP has hosted many conferences conference in our nation’s capital. nial throughout 2015 at the same time as the around the world to engage the Haitian dias- centennial of the Armenian Genocide in Otto- pora, recognized influential Haitian leaders, f man Turkey in 1915. awarded scholarships to students of Haitian RECOGNIZING THE WORK OF MR. For over a century, St. Illuminator’s Cathe- descent, launched the Network After Work So- BUTCH RAMIREZ dral has played a significant role in advocating cial Hour Series, and offered year-round col- for Armenians in the U.S. and around the lege readiness programs through its College world. Many Genocide survivors found their Readiness Access & Retention Institute. HON. HENRY CUELLAR refuge in the United States, entering the coun- NAAHP has led the Haitian diaspora in con- OF TEXAS try through Ellis Island. St. Illuminator came to fronting a number of issues affecting Haitians IN THE HOUSE OF REPRESENTATIVES serve as shelter to many of them once they abroad. Since 2015, it has been one of the arrived. Today, there remains a vibrant con- foremost advocates fighting the Thursday, December 8, 2016 gregation, inspiring their community through denaturalization of Dominicans of Haitian de- Mr. CUELLAR. Mr. Speaker, I rise today to faith and service. scent. In response to Haiti’s derailed 2015 recognize Mr. Butch Ramirez, a professional I extend my congratulations to the pastor, presidential elections, NAAHP proposed sev- photographer whose work has been chosen to Rev. Fr. Mesrob Lakissian who has led the eral solutions which were adopted and helped be displayed as part of the newly commis- church for 10 years, the Board of Trustees, to mitigate the political crisis. sioned nuclear submarine, the USS Illinois and all members and friends of St. Illuminator, Every year, the NAAHP conference gathers (SSN–786). and wish them many more years of success Haitians from around the world to highlight the and service to the Armenian American com- Haitian diaspora’s success, network, and Growing up in Webb County, Texas, hunting and fishing were regular parts of Mr. Rami- munity. share solutions to address Haiti’s challenges. I ask my colleagues to join me in cele- I am so pleased that the NAAHP decided to rez’s life. Mr. Ramirez decided to expand his passion for hunting and fishing by pursuing an brating the anniversary of St. Illuminator’s Ca- convene in Washington, D.C., for its fifth an- thedral and its contributions to the Armenian nual conference. As the Member of Congress interest in photography. He quickly developed a talent and enthusiasm for capturing some of American residents of Manhattan, Queens and representing the Congressional District with Brooklyn as well as the larger Armenian Amer- the largest population of Haitians, it gives me nature’s most beautiful and rare wildlife in the South Texas area. Over the course of his ca- ican community in the United States. great pleasure to welcome NAAHP and the di- f aspora to Washington. reer capturing photos of wildlife, Mr. Ramirez’s This year’s honorees include Congress- photographs have been selected for the cover PERSONAL EXPLANATION woman MIA LOVE (UT–4), Washington D.C. At- of magazines on 25 separate occasions. One torney General Karl Racine, National Urban of Mr. Ramirez’s most notable pieces of pho- HON. BARBARA LEE League president Marc Morial, entrepreneur tography is his photo of the White-tailed deer that has been chosen to represent the crest of OF CALIFORNIA Leanna Archer, and renowned architect Rod- IN THE HOUSE OF REPRESENTATIVES ney Leon. this newest Virginia class submarine through I personally thank Robert Raben, Cleve an extensive selecting process. Thursday, December 8, 2016 Mesidor, and Donald Gatlin from the Raben Mr. Ramirez has also led exclusive photo Ms. LEE. Mr. Speaker, If I were present, I Group, Suze Francois, Albert DeCady, Am- workshops for people from all over the world would have voted YES on roll call number 601 bassador Paul Altidor, Naomie Pierre-Louis, at his ranch in Laredo, TX. In addition, his to H.R. 5015. Ariel Dominique, and everyone at the Em- ranch, Rocking R6, is an official stop for the If I were present, I would have voted YES bassy of the Republic of Haiti, 1 Click, Off the Laredo Birding Festival. Those interested in on roll call number 602 to H.R. 6427. Ground Solutions, Haiti Renewal Alliance, and the history and photography of animals come If I were present, I would have voted YES Azure College for their unwavering support of to his ranch specifically because of the rare on roll call number 603 to House Amendment NAAHP. species of birds that can be found there in- to S. 1635. I commend the NAAHP leadership team for cluding, the Crested Caracara, Green Jay, and If I were present, I would have voted YES their commitment, dedication, and excellence. the Red-billed Pigeon. on roll call number 604 to H.R. 6394. The executive management team includes Mr. Speaker, I am pleased to recognize the If I were present, I would have voted YES Serge Renaud (president), Marie Myka Texas, work of Mr. Butch Ramirez. on roll call number 605 to H. Res. 939.

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.101 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1669 If I were present, I would have voted YES Living Church of God’s Divine Provision. ness, assisting the rapidly expanding category on roll call number 606 to H.R. 6416. There he uses African aesthetics, music and of women veterans, psychological issues and If I were present, I would have voted YES thought processes, to exemplify how Congo PTSD, and working to decrease the wait times on roll call number 607 to H. Res. 828 motion influences every music style throughout the at VA health facilities. to table. African Diaspora. Since first coming to Congress, I have been If I were present, I would have voted YES Mr. Speaker, I respectfully ask that you and fighting for the benefits that veterans were on roll call number 607 to H. Res. 828 motion my other distinguished colleagues join me in promised when they entered the service. to refer. honoring Mr. Kataly and The New Life Project When I first came to Washington, to offset the If I were present, I would have voted NO on for their consistently remarkable contributions limited space for veterans’ burials in Florida roll call number 609 to H. Res. 944 ordering to the arts and the African Diaspora. and around the country, I introduced legisla- the previous question. f tion to establish new National Cemeteries in If I were present, I would have voted NO on South Florida and in Jacksonville. I also intro- roll call number 610 to H. Res. 944. RETIRING FROM CONGRESS duced legislation to expand and improve the If I were present, I would have voted NO on National Veteran’s Cemetery system, and roll call number 613 to H.R. 5143. HON. CORRINE BROWN championed legislation expanding the health If I were present, I would have voted YES OF FLORIDA and long-term care benefits that America’s on roll call number 614 to H.R. 6076. IN THE HOUSE OF REPRESENTATIVES veterans’ receive, improving veterans’ education benefits, and expediting claims proc- If I were present, I would have voted YES Thursday, December 8, 2016 on roll call number 616 to H.R. 5790. essing. Most recently, I secured a new Vet- If I were present, I would have voted YES Ms. BROWN of Florida. Mr. Speaker, as I erans’ Outpatient Clinic for Jacksonville. This on roll call number 615 to House Amendment reach the end of my 24-year congressional ca- facility consolidated most of the veterans’ to S. 2971. reer, I want to begin by thanking the constitu- services that had been scattered around the If I were present, I would have voted YES ents of Florida’s 3rd (later renamed 5th) con- city into one facility. In addition, the Gaines- on roll call number 611 to H.R. 1219. gressional district, for giving me the oppor- ville VA Medical Center was completed with If I were present, I would have voted YES tunity to serve you, and to serve the great an additional $51.5 million included at my re- on roll call number 612 to S. 3028. State of Florida, and the United States of quest, and the Orlando VA Medical Center, f America. I will always remember and revere with my advocacy over the years, is finally this remarkable institution of government, the completed and attending patients. And under TRIBUTE TO NKUMU ISAAC House of Representatives, the People’s my watch, Congress passed the largest budg- KATALY & ‘‘THE NEW LIFE House. et in the history of the VA and also passed as- PROJECT’’ As I look back on my years of service, sured funding for the VA, which ensures that among the many things my loyal and out- veterans’ healthcare is not subject to the polit- HON. JOSE´ E. SERRANO standing staff and I accomplished over the ical winds of Washington. OF NEW YORK years, there are a few special items that stand I am proud of my many accomplishments IN THE HOUSE OF REPRESENTATIVES out. First, I will always remember working day over the years in the arena of Transportation and night across the aisle to obtain a Con- and Infrastructure development, where, in my Thursday, December 8, 2016 gressional Gold Medal for the Montford Point role as a key member on the House Transpor- Mr. SERRANO. Mr. Speaker, it is with great Marines; the dedicated, African American pa- tation and Infrastructure Committee, I was pleasure and admiration that I stand before triots, who were often overlooked by the his- able to make numerous positive, tangible con- you today to honor The Kataly Band for its tory books. tributions to our nation’s transportation system. many years of dedication and contribution to These marines enlisted to defend our nation By obtaining hundreds of millions of dollars in the arts in New York City and our country. during a time when here at home, African federal projects, both for my congressional Nkumu Isaac Kataly was born in Kinshasa, Americans faced terrible discrimination and district (which is one of the most underserved the capital city of the Democratic Republic of civil rights abuses. Years before Jackie Robin- in the State of Florida), and for my state, I was Congo where he spent one half of his life be- son and decades prior to Rosa Parks and awarded with the slogan, ‘‘Corrine Delivers.’’ fore moving to New York City in 1996. Music Martin Luther King, they risked their lives and These projects ranged from bridge construc- became Mr. Kataly’s path to navigate the fought overseas to defend democracy against tion and reconstruction, to the building of world. Music has become Mr. Kataly’s corner- one of the most dangerous regimes ever to courthouses, roads, ports and buildings. They stone, which holds the fragments of his iden- rule over much of Europe, that of Nazi Ger- also consisted of numerous multi modal trans- tity together. many. And unlike the Tuskegee Airmen and portation projects, such as SunRail in Central Music is Nkumu’s passion. The study of mu- others who were praised for their valiant ef- Florida, Lynx, and Amtrak passenger rail, to sical notes or beats, especially their move- forts, the Montford Point Marines were never give Floridians and Americans across the na- ments, patterns, and how they are parallel to given recognition until I worked with my col- tion the option to travel and commute without human cultures, remains his lifelong fascina- leagues on Capitol Hill to pass a bill, which having to use an automobile. And across my tion. So, artistically, he discovered one tool became law, to grant the marines who were district, from Gainesville to Jacksonville to Or- after the other. Nkumu’s musical concept was trained at Montford Point a Congressional lando and even the smaller cities in between, cultivated via the ‘‘Mbonda’’ or ‘‘Ngoma’’ Gold Medal. I vividly remember when a hand- I obtained millions of dollars over the years for (drum) and movements (dance). ful of these now elderly gentlemen watched their public transportation system, including Before his new journey, Mr. Kataly had the the final vote from the House gallery in tears, city buses. In Gainesville in fact, the newly up- opportunity to accomplish tremendous things as the Members of Congress, defying House graded bus depot was named after me. as a young artist. He got to perform at re- protocol for a brief moment, turned and gave Yet perhaps my greatest achievement was nowned art venues throughout the United them a standing ovation for their bravery. A in the arena of civil rights. I am proud to have States and has had the privilege to work with short time thereafter, the Montford Point Ma- been the first African American to serve the the best artists Congo sends out to the world. rines were received with honors in the Capitol State of Florida as an elected federal Member He performed alongside various artists. for a ceremony in their honor, granting them a of Congress. In this capacity, I served as the Nkumu has presented at the Apollo Theater, Congressional Gold Medal. voice of minorities and the traditionally under Manhattan Center, Prospect Park, Summer I am also very proud of my 24 years of served for more than two decades. I was Stage, St. Nick’s Pub, and more. Additionally, service on the House Veterans Affairs Com- given the platform and the ability to promote he has performed at various prestigious uni- mittee. In fact, I became the first African change and fairness in the areas of voting versities throughout the United States such as American female to serve as Ranking Member rights, health care parity, educational access Columbia University, John Jay College, Ba- of the Committee, as I felt it was my duty after and equality, access to fairly priced housing, ruch College, Harvard University, and Univer- serving on the committee to take charge dur- accessible and moderately priced public trans- sity of Chicago. ing an extremely tumultuous time at the Agen- portation, greater gender equality, racial dis- His devotion to humanitarian causes con- cy for Veterans’ Affairs. During my two year parities in our criminal justice system, and of tinues through his music. He devotes a signifi- term as Ranking Member we worked on a course, for full funding of our Social Security, cant amount of his spare time to community number of issues to improve the efficacy of Medicare, and Medicaid recipients. Lastly, in leadership and development. He is currently the VA to better serve our nation’s veterans, the area of higher education, I led the charge, the technical director of a musical group in the in particular, in the areas of veteran homeless- along with my colleagues in the Congressional

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.104 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1670 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016 Black Caucus, to revise the strict requirements It is a great pleasure to recognize the cen- Bakary helped open other Mosques the Department of Education placed on those ter’s dedication to providing services that ben- throughout the Bronx, serves as Secretary for attempting to obtain or continue to use their efit the health and well-being of the residents Makky Masjid and is the Public Relations Rep- Parent Plus Loans to further their college edu- and neighborhood. As Sacramento’s oldest resentative for Makky Masjid and for the Is- cation. The excessive requirements were social-service agency, Stanford Settlement lamic Cultural Center, the central mosque for eventually revised in ways which allowed hun- Neighborhood Center has provided services to the Bronx which opened in 1999. dreds of thousands of previously adversely af- thousands of people, young and old. Their Bakary has volunteered and served as a fected students, many at HBCU’s in particular, wide range of programs includes Neighbor- representative for numerous nonprofits to continue their studies. hood Outreach, Emergency Assistance, Chil- throughout the Bronx, including the Northwest Yet I do not intend to abandon the fight for dren’s, and Senior Services programs. On top Bronx Community and Clergy Coalition, the justice and equality that I have fought for all of of this, the Stanford Settlement Neighborhood United Parents of Highbridge and the Parent my life. Even outside the halls of Congress, I actively works to foster stronger connections Action Committee of New Settlement Apart- will continue to advocate for minorities, for the within the community by hosting meetings with ments. Bakary served on the steering com- less fortunate, and for those born on the city officials and other local organizations. mittee for the citywide Muslim Holiday Cam- ‘‘other side of the railroad tracks.’’ As I have 80 years ago, the former residence of Gov- paign, a coalition which worked for nearly a said from the day I was first elected: ‘‘to whom ernor Leland Stanford was taken over by The decade to have the two Muslim holidays, the God has given much, much is expected . . . Sisters of Social Service. The Sisters began Eids, recognized by the New York Public when you are born you get a birth certificate, several programs to serve their neighbors im- School System. This was achieved in 2015 and when you die you get a death certificate, mediately and in 1963 they moved their pro- under Mayor Bill DeBlasio. but it’s the dash in between that really mat- grams to the Gardenland Northgate area of Bakary also has volunteered as a commu- ters.’’ Northern Sacramento. Their work was instru- nity translator for Lincoln, Harlem, and New f mental in obtaining City water, parks, street York Presbyterian Hospitals. He speaks lights, sidewalks and gutters for the area. In Sonike, Manidiko, Fulani, and Walof. Bakary HONORING CAPTAIN MELISSE 1975, the Stanford Settlement Neighborhood continues to reside with his family on Plimpton LEITZKE Center became a non-profit and moved to the Avenue in the Highbridge neighborhood of the abandoned Gardenland Elementary School. At Bronx. HON. MIKE THOMPSON this location, the facility grew to include both Mr. Speaker, I respectfully ask that you and OF CALIFORNIA the Sister Jeanne Felion Senior Center and my other distinguished colleagues join me in IN THE HOUSE OF REPRESENTATIVES the Carl R. Hansen Teen Center. honoring Mr. Bakary Camara for his consist- Thursday, December 8, 2016 Mr. Speaker, I am honored to pay tribute to ently remarkable dedication to public service. Stanford Settlement Neighborhood Center, f Mr. THOMPSON of California. Mr. Speaker, and their continuous commitment to providing I rise today to honor Captain Melisse Leitzke, social services to all people, young and old. COMMEMORATING THE LIFE OF whom I have named a 2016 Public Safety The past 80 years have been tremendously MR. JOHN MCKEOWN Hero of the Year for Solano County in Califor- successful and I am sure they will continue to nia’s 5th Congressional District. This award is enjoy success in the future. While Stanford given to exceptional members of our commu- HON. HENRY CUELLAR Settlement Neighborhood Center’s staff, sup- OF TEXAS nity who perform beyond their duty as a public porters, and friends gather together to cele- IN THE HOUSE OF REPRESENTATIVES servant. brate the organization’s 80th anniversary, I Captain Leitzke is known for her leadership, ask all my colleagues to join me in honoring Thursday, December 8, 2016 knowledge and mentorship at the Vallejo Fire their outstanding work in providing the com- Mr. CUELLAR. Mr. Speaker, I rise to com- Department. Her dedication to excellence munity with much needed social services. memorate the life of one of Laredo’s most car- shows through the results of her hard work f ing and dedicated citizens, Mr. John and study to achieve the rank of Captain after McKeown. placing first in her recent Captain examination. TRIBUTE TO BAKARY CAMARA Mr. McKeown was born on February 4th, In addition to her work as an emergency re- ´ 1929, in Tulsa, Oklahoma to John Mayo sponder, Captain Leitzke is an active member HON. JOSE E. SERRANO McKeown and Mary Grace McVey McKeown. of our community. She serves as a mentor in OF NEW YORK He attended Cascia Hall Preparatory School in the Department’s Robin Mackbee Youth Acad- IN THE HOUSE OF REPRESENTATIVES Tulsa and eventually went to the U.S. Naval emy providing life guidance and career explo- Thursday, December 8, 2016 Academy where he graduated with a degree ration for youth who are at-risk socially, aca- Mr. SERRANO. Mr. Speaker, it is with great in Chemical Engineering. At the age of 24, Mr. demically and economically. Captain Leitzke’s McKeown entered the Korean War where he presence in the academy provides a positive pleasure and admiration that I stand before you today to honor Mr. Bakary Camara for his served on a transport ship and a destroyer. role model for the young men and women. For his service he received the National De- Mr. Speaker, I thank Captain Leitzke for her many years of selfless and compassionate fense Medal, Korean Service Medal, United dedication to our community’s safety. For this service to the African community, and all of Nations Service Medal, and the China Service reason, it is fitting and proper that I honor her our community’s residents. Medal. After the war, he moved to Texas to here today. Mr. Bakary Camara was born in Gambia, West Africa, in 1961. He and his family man- work for a maquiladora that manufactured f aged an independent business and he trav- electronics. It was during this time that he met IN RECOGNITION OF THE 80TH AN- eled throughout Africa and Europe before set- his beloved wife Jeanette. They soon got mar- NIVERSARY OF STANFORD SET- tling in the Bronx in 1988. ried and eventually had two children. Mr. TLEMENT NEIGHBORHOOD CEN- Bakary joined the majority of the West Afri- McKeown also went on to start a successful TER can immigrants that were settling in the business called McKeown Customs Brokers Highbridge, Mount Eden, Concourse, and Inc. which saw over forty years of success. HON. DORIS O. MATSUI Morrisania sections of the Bronx. At that time, Mr. McKeown was very involved in his local community. He not only helped start one of OF CALIFORNIA there was no Masjid in the Bronx and the Laredo’s first youth soccer teams but helped IN THE HOUSE OF REPRESENTATIVES Muslim community would gather in each other’s apartments to pray. Bakary and other referee Saturdays and Sundays. He was also Thursday, December 8, 2016 community leaders founded one of the first an active member of the Laredo Licensed U.S. Ms. MATSUI. Mr. Speaker, I rise today in Mosques for the African community at 1472 Customs Brokers Association, Laredo Noon recognition of the 80th anniversary of the Jesup Avenue, Masjid Deyaue of Islam. Rotary Club, St. Patrick Men’s Club, and was Stanford Settlement Neighborhood Center and In the 1990s, Bakary joined other Gambian past president of the Laredo Animal Protective the Sisters of Social Service in Sacramento. leaders in helping strengthen the Gambian So- Society. Mr. McKeown, however, was most As Stanford Settlement Neighborhood Cen- ciety, the first African organization to provide noted for his work with helping local veterans. ter’s friends and supporters gather to cele- adult education services and worked with the As an active member of the Laredo Korean brate this milestone, I ask all my colleagues to CDC to educate the African community in the War Veterans Association and chaplain of the join me in honoring their leadership in the Bronx about their health and specifically about Laredo 1959 chapter, Mr. McKeown was con- Sacramento region. the growing problem of AIDS and HIV. sidered one of the first people veterans could

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.106 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1671 turn to in their time of need. He was also in- dedicated colleague, and a dignified, compas- bled. The university created its first Ph.D. pro- volved with helping to designate segments of sionate person and jurist. He helped many gram and added professional doctoral pro- state highways 359, 16, and 285 as the Vet- people improve their lives. grams in pharmacy, optometry, physical ther- erans of the Korean War Memorial Highway. Judge Polodna began his service as a judge apy, nursing practice, business administration, He even went so far as to use his own money in 2006. Judge Polodna has served the Ninth and beginning in 2017, osteopathic medicine. to help pay for the highway signs. Judicial Circuit Court for over 10 years as a The university’s endowment also increased Mr. McKeown is survived by his wife, Jea- circuit judge in Osceola County in the criminal from $3 million in 1985 to $130 million today, nette Moser McKeown; daughter, Carolyn J. division, and in the civil division specializing in while the school’s budget grew from $2 million McKeown; grandchildren, Carolyn Lauren probate, guardianship, and mental health to $217 million. Hinojosa Walker, Ann Michelle Hinojosa (Ari) issues. UIW has received numerous recognitions Hoffman, and Eduardo Javier Hinojosa Jr.; Born in Chicago, IL, Judge Polodna moved throughout Dr. Agnese’s tenure. The university great grandchildren, William Christopher Walk- to Florida 40 years ago. He received a bach- has been noted for eight consecutive years as er, Rheya Ashley Walker; siblings, Patricia elor’s degree in psychology and a law degree one of the Great Colleges to Work For in the (Herbert) Stanley, and Thomas (Ruth) from the University of Florida. Judge Polodna U.S. by the Chronicle of Higher Education, McKeown. taught criminal evidence at Valencia College, chosen as one of the Top Workplaces in San Mr. Speaker, I am honored to have the op- and served as an assistant public defender for Antonio by The San Antonio Express-News, portunity to remember the legacy of Mr. John ten years in the Orange-Osceola Public De- included in The Chronicle’s national Top 10 McKeown. fender’s Office and as an assistant county at- Honor Roll category for medium-sized universities for the seventh straight year, and today, f torney in Osceola. Judge Polodna’s commitments to the community included board serv- with more than 1,100 employees, UIW has an TRIBUTE TO SUGAR GROVE ice with Community Vision and the Osceola estimated $100 million impact on the San An- SUNSHINE 4–H CLUB Education Foundation. He was a 2002 grad- tonio economy. UIW is also currently ranked uate of Leadership Osceola, leading a project No. 1 nationally among private, not-for-profit HON. DAVID YOUNG aimed at protecting and preserving environ- universities in conferring the most bachelor’s OF IOWA mentally sensitive lands. degrees to Hispanics, a group that continues IN THE HOUSE OF REPRESENTATIVES Judge Polodna’s integrity, wisdom, and pas- to be underrepresented nationally in higher education. Thursday, December 8, 2016 sionate outlook on life touched the lives of many and made Central Florida a better place. Dr. Agnese’s long and successful career Mr. YOUNG of Iowa. Mr. Speaker, I rise I am humbled to honor the memory, life, and has brought with it numerous awards. His many honors include: the Humanitarian Award today to recognize and congratulate the Sugar outstanding achievements of Judge Scott D. from the National Conference of Christians Grove Sunshine 4–H Club on celebrating its Polodna. 100th anniversary on September 24, 2016. and Jews, the Outstanding leader in Catholic Heart, Head, Hands and Health are the ten- f education by the Archdiocese of San Antonio, ants of 4–H, and 4–H is one of the hallmark RECOGNIZING DR. LOUIS J. the Ford Salute to Education Lifetime Achieve- organizations that so many young Iowans AGNESE, JR. ment Award for his contributions to higher have passed through during their formative education, the Sister Cecilia Bush Award from years. Ever since the Sugar Grove Sunshine HON. HENRY CUELLAR the Dear Neighbor Ministries for his commit- 4–H Club was founded during World War I, it OF TEXAS ment to Minority Education, and multiple hon- has benefited the youth of central Iowa in IN THE HOUSE OF REPRESENTATIVES orary doctorates along with several distinguished alumni awards. countless ways. Originally called the 4–H Thursday, December 8, 2016 Sewing Club, the Sugar Grove Sunshine 4–H Mr. Speaker, I am honored to have the op- Club has guided Dallas County area youth Mr. CUELLAR. Mr. Speaker, I rise today to portunity to remember the legacy of UIW’s through innumerable fair projects, animal recognize the career of Dr. Louis J. Agnese, eighth president, Dr. Louis J. Agnese, Jr. shows, and 4–H meetings, where they were Jr. who served as president of the University f of the Incarnate Word (UIW) in San Antonio, able to build upon their own interests, create TRIBUTE TO DR. SCOTT SHUEY with their hands, learn about animal care, de- Texas for thirty-one years. velop important social skills, master public Dr. Louis J. Agnese grew up in Brooklyn, HON. DAVID YOUNG speaking, and be involved in their commu- New York, as the youngest of five children. He received his Bachelor of Arts in History and OF IOWA nities. The skills developed and honed in 4–H IN THE HOUSE OF REPRESENTATIVES stay with students throughout their lifetime, Psychology from St. Mary of the Plains Col- and the result is that our communities are lege; his Master of Education in Counseling Thursday, December 8, 2016 filled with leaders who strive to do what’s best and an Education Specialist Degree in Super- Mr. YOUNG of Iowa. Mr. Speaker, I rise for all. vision of Counseling Services from Gannon today to recognize and congratulate Scott Mr. Speaker, I am proud to represent the University; and a Ph.D. in Counselor Edu- Shuey, D.V.M. of Corning, Iowa, for being Sugar Grove Sunshine 4–H Club and its mem- cation from The University of Pittsburgh. He honored as the 2016 Veterinarian of the Year bers in the United States Congress. It is with went on to work at Briar Cliff University before by the Iowa Veterinary Medical Association. great pride that I recognize them today. I ask interviewing for the presidency of Incarnate Dr. Shuey was nominated by 19 area farmers that my colleagues in the United States House Word in 1985. and producers in southwestern Iowa, in rec- of Representatives join me in congratulating UIW eventually hired Dr. Agnese to become ognition of his dedication to the profession and them all on this momentous anniversary and the university’s eighth president. Dr. Agnese his leadership in the community. in wishing them nothing but continued suc- was only 33 at the time, making him one of Dr. Shuey has been practicing veterinary cess. the youngest college presidents in the nation. medicine in southwest Iowa for 25 years. He Immediately upon being hired, he sought ways received his Bachelor of Science degree in f to help improve the university. He spent much animal science from Kansas State University REMEMBERING THE LIFE OF of his time researching the university’s history, in 1989, a Master of Science degree in beef JUDGE SCOTT POLODNA meeting with staff and faculty, as well as look- cattle nutrition from South Dakota State Uni- ing for innovative ways to help improve stu- versity, and his Doctorate of Veterinary Medi- HON. ALAN GRAYSON dent enrollment, which had been declining for cine from Kansas State University. He prac- OF FLORIDA several years. tices veterinary medicine and serves as the IN THE HOUSE OF REPRESENTATIVES During Dr. Agnese’s presidency, student managing and senior partner at the Southern global enrollment rose from 1,296 students in Hills Veterinary Clinic in Corning. Thursday, December 8, 2016 1985 to 11,422 in 2016. This growth turned Mr. Speaker, I applaud and congratulate Dr. Mr. GRAYSON. Mr. Speaker, I rise today to UIW from the 19th largest private university in Shuey for this recognition by the Iowa Veteri- recognize the life and legacy of the Honorable Texas to the 3rd largest private university in nary Medical Association. I am proud to rep- Scott D. Polodna, who passed away on Tues- the state. The number of living alumni has in- resent him in the United States Congress. I day, December 6, 2016, after losing his battle creased from 8,000 in 1985 to nearly 40,000 ask that my colleagues in the United States with cancer. He was 51. today. House of Representatives join me in congratu- Judge Polodna was a respected leader in Not only did the student enrollment grow, lating Dr. Shuey and in wishing him nothing Central Florida and will be remembered as a but the number of academic programs dou- but continued success.

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.110 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1672 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016 RECOGNIZING FAMILIES AF- was a real possibility, Ant decided to go to it has. This was not the life that she imag- FECTED BY THE NATIONAL an inpatient treatment program. Can you ined when she became a mother. The grief OPIOID EPIDEMIC imagine the relief Ant’s family felt at hear- and devastation of losing a child is unbear- ing this news? While attending the recovery able and if her family’s story can prevent center in Florida, Ant became a favorite pa- just one family from dealing with this dis- HON. ANN M. KUSTER tient. During weekly conference calls with ease alone, she feels she will have made a dif- OF NEW HAMPSHIRE Ant and his treatment team, the connectors ference. Michael was always quiet and shy. He IN THE HOUSE OF REPRESENTATIVES reported on his progress with sincere optimism, ‘‘Finally, someone who gets it and struggled in classes and was bullied during Thursday, December 8, 2016 works the program. What a great guy. We his formative years in school. When Michael was 16 years old, he became depressed and Ms. KUSTER. Mr. Speaker, it is my honor to know Ant will be a success story.’’ He was chosen as group leader, which meant he was more withdrawn. His parents tried several include in the RECORD today the personal sto- times to get him help through the school ries of families from across the country that in charge of morning check-in meetings. Some of the most challenged men in the pro- system but to no avail. By the time Michael have been affected by the opioid and heroin gram sought Ant’s advice and friendship. was a junior in high school and had failing grades, his parents made the difficult deci- epidemic. In the U.S. we lose 129 lives per Ever a ‘‘man’s man,’’ he made everyone feel sion to withdraw him from school. Michael day to opioid and heroin overdose. In my important and was loyal to a fault. was determined to graduate high school, so When Ant arrived home after completing home state of New Hampshire I have learned he decided to take GED classes and he the program, he was proud of his progress so many heartbreaking stories of great people passed. and families who have suffered from the ef- and confident in his new life, but the fear of Michael enjoyed working with his hands fects of substance use disorder. relapse was constant: ‘‘I cannot wait to just and found his calling in carpentry work. He Earlier this year, my colleagues and I were live in the moment again.’’ Ant shared with also loved skateboarding, snowboarding, and his family a letter that he wrote to heroin. spending time with his friends and brother. joined by many of these courageous families The first sentence read, ‘‘I am saying good- who came to Washington to share their stories He was drawn to nature and had an old soul. bye because you have made me someone I am Around the age of 17, Michael began experi- with Members of Congress and push for ac- not, my life is now unmanageable, you de- menting with alcohol and marijuana. His tion that will prevent overdoses and save lives. stroy all good things in my life. I hate you.’’ mother was concerned but thought Michael Since then, we passed both the Comprehen- Ant’s counselors in Florida set up an in- was just going through a phase. A few days sive Addiction and Recovery Act and the 21st tensive outpatient program for him to help before Michael’s death, he told a friend that Century Cures Act to provide much needed him transition upon arriving home. But he needed help. Michael’s mother didn’t when Ant attended the scheduled assess- funding and critical policy changes to fight this know the extent of his addiction until it was ment, he was declined admittance because a too late; never able to get him the help he so epidemic. family member was already enrolled in the desperately needed. The advocacy of these families truly is so program. Given that Ant was in such a vul- Michael died on December 7, 2008, within important to leading to change is Washington nerable time in his recovery, they should days of celebrating his 18th birthday. He and I am proud to preserve their stories. have made sure that he was enrolled in an- went to a party the night before and because ANTONIO LUCONI—POMPTON PLAINS, NEW other intensive outpatient program before he of an argument going on at home, Michael JERSEY left the building. Lack of continuity of care decided to stay at the party overnight. That turned out to be a life or death situation. was the last time Michael’s mother saw her On Sunday, March 20, 2016, Antonio ‘‘Ant’’ Ant needed to stay in a program and con- son. On December 7th, the police came to Mi- Luconi, lost the biggest fight of his life at tinue to receive support but they turned him chael’s home to tell his mother that Michael the age of 28—to the disease of opioid addic- away. Ant was unable to get an assessment was gone and died of an accidental overdose tion. Drug addiction does not discriminate— at another intensive outpatient program for of alcohol and oxycodone. Michael’s mother it ruins the lives of good people. When Ant a week and a half. Here was a man who was remembers that moment as if it was yester- died, the world lost a son, brother, God- begging for help, had made the decision to day. father, cousin, grandson, nephew and friend. change his life and was failed horribly by our If Michael’s family had the tools and Their loyal, handsome, funny, loving, Ant system. This was not unfamiliar—if you only knowledge about addiction that they have added so much to the lives he touched: He knew how many times Ant’s family drove today when Michael was struggling, they feel had a ‘‘tough guy’’ exterior and had the him from detox to detox only to be turned they might have been able to save him. world’s biggest heart. Ant never failed to down by each one due to insurance issues and THEO MARINESCU—EAST HAMPTON, NEW YORK say, ‘‘I love you.’’ a lack of available beds. Ant died nineteen days after being dis- If there is anything worse than losing a Ant’s mother and sister want things to charged from treatment. He was excited to child, it is losing a child to a drug overdose change. They want more resources to be start his life over, make his family proud because grief is often accompanied by judge- available for people who have that moment and pursue his new life goals. He did not ment and blame. For parents, it is a gut- of clarity and decide to get help. They want want to die. He had plans. Big plans. ‘‘28 is wrenching thing to watch your child suffer someone to pick up the phone on a Sunday at their own hand. my year,’’ he said. night when a person struggling with addic- Losing a child to addiction means you At the age of 21, Ant began recreationally tion decides to seek information about how didn’t get to say goodbye. It means that (if using Percocet, which progressed to Roxicet. to get into detox. The horrible alternative you are brave enough to be truthful about He ingested both by crushing the pills and means a person wanting help has to wait the cause of death) every day you have to snorting them. As his addiction progressed, until morning and continue to use in order deal with the stigma that surrounds addic- so too did his tolerance and the cost of sup- to combat the withdrawal symptoms. That tion. You question every decision—you look porting his addiction. As a result, Ant turned ‘‘one more time’’ hit could take their life. for what you did wrong, what you didn’t say, to snorting heroin, which was less expensive. Ant’s family is left with massive holes in why you didn’t have the sense that some- While attending an intensive outpatient pro- their hearts that will never be healed. Their thing was wrong. You look back over the gram, another patient taught him how to use souls are devastated. Ant put up one hell of years and dissect each part of their life— a needle to inject heroin. a fight. He was supposed to start a new job scanning for clues. You look for places to lay Over the course of seven years, Ant made the day after he died. His family was rooting blame but mostly you blame yourself. You numerous attempts to get clean. He detoxed for him then and remain proud of him today. find an online group of parents just like you, on his own and under medical supervision. They were never ashamed or embarrassed where there is no judgement and everyone He attended intensive outpatient programs about Ant’s struggle. They believe that it has the same questions and feels the same and worked with therapists. Ant’s belief that was the system that failed him. pain. You force yourself to read the coroner he could conquer this disease on his own led Ant’s family wants to help bring awareness and toxicology report hoping there is an an- to a disastrous end. to the fact that this disease has reached epi- swer there. And you cry—a lot. Ant was open and honest throughout his demic levels and needs to be stopped. Too Theo was 25 years old when he lost his life addiction. He spent numerous hours with his many young lives have been taken. Too to a fatal combination of heroin and sister discussing his disease. She believed in many people that they know personally. If fentanyl. Theo was a warm, open, loving, Ant and named him the Godfather to her anything can be done to remove the stigma bright, intelligent and handsome man. He daughter. There were many nights when associated with a disease that does not dis- had a huge laugh and a fabulous smile. Theo Ant’s mother held him in her arms as he criminate between class, color, race, or reli- was an outstanding athlete and won many cried, apologized, and pleaded for help to end gion, then Ant will not have died in vain. trophies and awards. He played linebacker in the nightmare of addiction—to become Ant’s family always felt that he was destined football and loved the sport. He was also whole again. Ant’s family encouraged him to do big things Perhaps this is Ant’s legacy. gifted intellectually and an honor roll stu- time after time to get help, but in retro- dent in high school. Theo lived with wild am- spect, they did not fully understand the se- MICHAEL MARCELL—WITTMAN, MARYLAND bition and no regrets. verity of the situation. The mother of two wonderful, loving boys, Theo was a brilliant storyteller and always After accepting that his addiction had Louis and Michael Marcell, never dreamed found a way to make you laugh. He seemed completely taken over his life and that death that addiction would devastate her family as to make friends wherever he went and in

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.115 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1673 turn, he made everyone feel welcome. Theo were forced by law to be there as part of ma and shame to end. In its wake, it is time loved his little brothers with all his heart. their probation. Being forced to go to rehab to speak. It’s time to stop pretending that He was a loyal friend to many. is a very different thing than going will- substance use disorder is a choice and it’s Theo was very close to his family. Even ingly. In the treatment center, one person time to stop shaming people who struggle during his years of drug use, Theo and his who was dealing drugs gave Theo and two with it. mother never became distant from each other patients drugs for free. 10/7/1989–5/17/2015 other. At times, it was torturous for his The treatment center kicked them out JOSEPH (JOEY) MARTIN—YUCCA VALLEY, mother, but the one thing that was always when the drug use was discovered. One week CALIFORNIA apparent was that Theo loved his family and later, Theo was found dead after having used Joseph (Joey) Martin was born on October his family loved him—no matter what. drugs from the same dealer he met at the 30, 1990. Growing up, Joey was a happy child. Theo started smoking marijuana during treatment center. Theo died in a shady He was very outgoing, he had many friends, his later years of high school. Theo’s mother motel room. The drug dealer is still on the and he loved to be around them, his family, never imagined that his drug use would streets. and his dog. Whenever Joey walked into a progress to pills and then, cocaine. Theo’s The current system in the United States room he always captured the attention of family believes his addiction started about for treating people with substance use dis- others with his contagious smile and laugh- seven years ago, but it’s hard to say for cer- order is incredibly broken. People are dying ter. He loved all outdoor activities and tain because this disease entered their home from this disease. The numbers are appall- looked forward to the days he and his father slowly and quietly. Over the course of those ing—about 47,000 people die from drug over- would go fishing. He was also passionate seven years, Theo experimented with a vari- dose annually. That is more than the number about baseball and skateboarding and he was ety of drugs, including his final drug of of Americans who are killed in car accidents very good at both. Joey was smart, had plans choice, opiates. He tried hard to stop many and gun violence combined. Half of those for his future, and had a beautiful heart. times. Theo felt broken and guilty for the drug-related deaths are due to opiate drug Every year he would volunteer at the annual hurt he inflicted on his mother and little abuse. Special Olympics bowling tournaments; he brothers. He once wrote about the ‘‘fairytale There has been a lot of talk, some media always had a special place in his heart for life’’ that he had screwed up so badly, and to- attention, but little action to fight this epi- helping those with special needs. As Joey’s wards the end of his life Theo’s self-esteem demic which shows no signs of abating. Leg- parents, we had high hopes for his future and was completely eroded. He always took re- islation languishes, insurance companies knew he would succeed in life. Unfortu- sponsibility for what he did. still do not provide the coverage necessary nately, his dreams slowly deteriorated as his When his behavior started to hurt the ones for adequate treatment, and the shame and addiction progressed. he loved the most, Theo decided it was time stigma of addiction continues. At the age of 14 or 15, Joey was caught to do something about it. On September 30; Watching a child battle with addiction is smoking marijuana. His parents did what 2014, Theo called Violeta crying and asking like a roller coaster. Parents learn to be any concerned parent would do in this situa- for help. It was the first time he admitted to hyper-vigilant, living always with fear. Par- tion: they kept a close eye on him, his being addicted to drugs. Although his moth- ents have hope as well—as long as your child friends, and his activities. They thought er was shocked and heartbroken, Violeta is alive, you have hope that he or she will they were always one step ahead of his addic- didn’t criticize him because she knew he was get better. However, the sound of the phone tion. Joey’s grades were good and he started hurting. Theo said he hated living in addic- ringing at night makes your heart sink. playing baseball again. In 2007, Joey and four friends were in a car tion: ‘‘Mom, please help me! I will do any- Your child’s potential death is always in the accident. They were hit head on by a drunk thing to get out from this hole . . .’’ back of your mind. driver, who had been racing on the wrong Theo shared with Violeta about how hav- That fateful day for Theo finally came on side of the road. Despite the terrible injuries ing a little fun at the age of 17 had escalated May 17, 2015. received, and by God’s grace, everyone lived. into a full-blown drug addiction. Theo felt Friends flew across the country to be at The following six years of Joey’s life were alone despite the fact that he had so much Theo’s funeral. Incredible sadness about how spent going from doctor to doctor trying to love from his mother and so many others. his death might have been prevented per- relieve the source of the pain he had been Soon after his conversation with his mother, meated the air. Because of the embarrass- complaining about. Theo entered a treatment facility. ment he felt, Theo never asked his friends As the years went by, Joey’s need for a Violeta reached out to a person at the for help. more powerful drug grew. His addiction was treatment facility for information on how All Violeta has of Theo are memories and fueled by doctor prescribed pain medication. she could best support Theo during his time of course his clothes and a few other per- When Joey turned 18 years old, he was able there. The man said, ‘‘Theo is the most moti- sonal objects. It’s hard to hold a grave mark- to get almost anything he wanted from doc- vated person I have ever worked with.’’ He er. What she misses most about her son is his tors. If Joey ran out or couldn’t get drugs said that Theo’s desire to improve his life affectionate nature, his great sense of from doctors, he would get them from people and his appreciation for the littlest things humor, and the little things like hearing his he knew. By 19, Joey had a real problem—the made him stand out. He told Violeta, ‘‘If feet bouncing up and down the stairs, the need to relieve his pain turned into the need every person I tried to help had 10% of his smell of his cologne—everything. to get high. He spent the next three years in motivation, a lot of families would sleep bet- Children are supposed to bury their par- and out of treatment centers and sober liv- ter at night.’’ ents. Parents are not supposed to bury their ing facilities. Theo was motivated to get better but the children. In 2012, Joey enrolled into a treatment cen- system failed him. Theo’s lack of health in- Not a day goes by that Violeta doesn’t ter in Loma Linda, CA and was living in the surance prevented him from attending any think about who her son would have been, suggested sober home not far away. When dual diagnostic programs, especially those what he would look like, his wedding, his Joey was six months clean, he decided he out-of-state, which limited his options for children—the bleeding never stops. There was ready to come back home. We were very treatment. The available programs weren’t will always be an empty chair—empty hopeful that Joey was finally on track to liv- able to address Theo’s lack of confidence and room—an empty space in every family pic- ing a sober lifestyle. Unfortunately, like ongoing feelings of letting people down. He ture. Time can’t fill the space. Gone is still many young individuals today, Joey did needed intensive substance abuse treatment gone. great until he met with a supplier and re- and to be properly evaluated for mental When you lose a child, nothing is ever the lapsed. health issues. Theo was limited to one thir- same again. Every facet of your life has a Shortly after his relapse, Joey contacted ty-day inpatient program and then bounced memory of your child. Every room in the the previous house manager of the sober liv- around to several sober living homes, one of house, every trip in the car, a song, a pic- ing facility in California and asked if he which he was kicked out of for using ture, a book, a walk in the park. There is a could go back. Three months later, on Janu- Facebook. hole in your heart that will never be filled. ary 11, 2013, Joey died of an overdose. He was Theo was clean for about seven months You search and search for answers that just just 22 years old. when he relapsed. As a consequence, the half- aren’t there. ANTHONY MARTINEZ—GAFFNEY, SOUTH way house where he was staying kicked him To children who hear this story: you are CAROLINA out in the middle of the night with a heavy loved and have so much to give to the world. Anthony was set free from his toxic battle bag of his possessions, no money and no- The temptation to abuse any kinds of drugs with addiction on May 24, 2016. Anthony was where to go. Throwing people out of rehab or is very real, but the courage to resist that his family’s Christmas present—born on De- a sober living house for displaying the very temptation is also very real. Ask for help. cember 25, 1987. symptom of their disease is nonsensical and To parents—the advice is this: get in- Anthony yearned for a life of love and dangerous. For Violeta’s son, it was the performed and learn as much as you possibly peace—a life without pain. Anthony was a fect storm. can about addiction early on. Talk honestly lover of music; you could always count on Theo was in Florida and his family lived in about the risk factors of becoming addicted him to know the latest and greatest tracks. New York. After he spent two days on the by experimenting with drugs. Talk about He was passionate about cooking and often streets, his family found help and sent Theo family history of alcohol or substance abuse. volunteered to make everyone dinner. When to a treatment center in South Carolina. At Show them your love, no matter what. he did, every plate was licked clean. An- the time, Theo’s mother didn’t know that Death is not a time for blame, it is a time thony also loved being outdoors and when- this facility also admitted drug dealers who for reflection. We must get loud for the stig- ever he had spare time, you could bet he was

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.116 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1674 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016 fishing, hunting or simply enjoying himself advocate for protected areas and recognized able Care Act to pushing forward efforts to im- in some beautiful place. world leader in cultural and natural resource prove outcomes for young men and boys of Anthony always said things straight—he wouldn’t sugar coat a single thing. He was a management. color in our region. loyal friend; if you needed his help he would Managing the National Park Service through Mr. Speaker, as Sierra Health Foundation be there no matter what. He knew how to its centennial in 2016, Director Jarvis has fo- and esteemed members of the community cused on several key areas that are critical for make the most pessimistic person crack a gather to celebrate their 30th anniversary, I the future: enhancing stewardship of the smile. In some ways, Anthony embodied the ask all my colleagues to join me in honoring saying that the saddest soul is the one trying places entrusted to the Service’s care; maxi- 30 years of service to our region. to make everyone else smile. mizing the educational potential of parks and The disease of addiction is a merciless, programs; engaging new generations and au- non-discriminatory devil. The loss of An- f thony has created a sore on his family’s diences, and ensuring the welfare and fulfill- heart that will never heal. ment of National Park Service employees. IN RECOGNITION OF GINA DERRICK MARTTILA—CAPE CORAL, FLORIDA Director Jarvis speaks frequently about cli- ARGENTO Derrick grew up in Cape Coral, Florida. mate change, sustainability, the outdoors as a From a young age Derrick was very special. source of public health, and the parks as a He enjoyed playing football, hockey, and ex- unifying, inspirational force for the nation. His HON. CAROLYN B. MALONEY celled at karate. However, his biggest pas- blueprint for the agency’s second century, A sion, which followed him into adulthood, was Call to Action, calls for innovative, ambitious, OF NEW YORK music. Derrick would write, play and listen yet practical ways to fulfill the National Park IN THE HOUSE OF REPRESENTATIVES to music every day. His mother, Kathlen, Service’s promise to America in the 21st cen- proudly watched her son grow up to be a man tury. Thursday, December 8, 2016 any mother would be very proud of. Sadly, From a seasonal interpreter in the year of she also had to watch him so bravely battle Mrs. CAROLYN B. MALONEY of New York. our nation’s bicentennial to the head of an the disease of addiction. Derrick would al- Mr. Speaker, I rise in recognition of Gina internationally known institution on its 100th ways say he just wanted to be ‘‘normal.’’ On Argento, who was honored for her achieve- birthday, Jarvis has gained a thorough knowl- January 16, 2016, Derrick lost his battle to an ments as part of Women’s History Month. Ms. accidental overdose of heroin laced with edge of these great American treasures, the Argento is President of Broadway Stages, one Fentanyl. Derrick was 26 years old. national parks. Derrick was an incredible person with a ‘‘America’s National Park System is a gift of New York’s largest film, television, and huge heart. He loved his family and friends from past generations to this and succeeding music production facilities which is located in and would do anything for them when they Greenpoint, Brooklyn. were in need. Derrick was a hard worker that generations,’’ said Director Jarvis. ‘‘And while strived to be the best he could possibly be. the challenges we face today—like climate Ms. Argento and her brother, Tony, opened Derrick was loyal almost to a fault—he change, shrinking open space, habitat destruc- Broadway Stages in 1983, turning a rundown never wanted to let anyone down. tion, non-native species, and air and water movie theatre into a sound stage. Over the What is missed most about Derrick, is his pollution—could not have been imagined when past 32 years, Broadway Stages has ex- larger-than-life personality. He loved to this agency was established in 1916, our mis- panded both its physical size and capabilities. laugh and make others do the same. Derrick sion remains the same: to preserve this na- Broadway Stages now has over half a million had a great sense of humor, complete with a trademark smirk and witty comebacks. He tion’s natural and cultural heritage, unimpaired square feet of space with 38 state-of-the-art could light up a room with his laughter or for the enjoyment of this and future genera- stages and support facilities. Offering full serv- suck you into a discussion about his obses- tions.’’ ice film, television, photography and music sion with conspiracy theories. f production facilities, Broadway Stages has Regardless of the occasion he would always IN RECOGNITION OF THE 30TH AN- served an extensive list of hit movies and tele- keep his family laughing. Kathleen has al- vision shows including ‘‘The Good Wife,’’ ways been proud of her son and admired his NIVERSARY OF SIERRA HEALTH strength in his battle against this horrible FOUNDATION ‘‘Blue Bloods,’’ ‘‘Mr. Robot,’’ ‘‘Madam Sec- disease. retary,’’ ‘‘Unbreakable Kimmy Schmidt,’’ ‘‘Limit- f HON. DORIS O. MATSUI less,’’ ‘‘Broad City,’’ ‘‘Unforgettable,’’ and ‘‘Master of None,’’ in addition to commercials, HONORING JONATHAN B. JARVIS, OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES print and music videos. Broadway Stages has THE 18TH DIRECTOR OF THE NA- facilities in Brooklyn and Queens and is cur- TIONAL PARK SERVICE Thursday, December 8, 2016 rently in the process of building a 69-acre fa- Ms. MATSUI. Mr. Speaker, I rise today to cility in Staten Island. HON. DONALD S. BEYER, JR. recognize the 30th anniversary of Sierra Under Ms. Argento’s leadership, Broadway OF VIRGINIA Health Foundation. As the staff, local partners, Stages has exhibited an unparalleled commit- IN THE HOUSE OF REPRESENTATIVES and community members gather to celebrate ment towards the local community in Thursday, December 8, 2016 this momentous occasion and the impactful Greenpoint, Brooklyn. In addition to creating work that has been done in our community Mr. BEYER. Mr. Speaker, today I stand in hundreds of local jobs, Broadway Stages over the past 30 years, I ask all of my col- recognition of Jonathan B. Jarvis, the 18th Di- helps neighboring residents, small businesses, leagues to join me in recognizing this out- rector of the National Park Service. and community-based organizations. Broad- Director Jarvis, a native of Virginia, began standing organization. I know firsthand the incredible impact Sierra way Stages has donated food, equipment, and his career with the National Park Service in additional resources to local soup kitchens, 1976 as a seasonal interpreter in Washington, Health Foundation has on our community. I have long been a supporter of Sierra Health partnered with the McGolrick Park Neighbor- D.C. Today, he manages that agency whose hood Alliance to clean up the beloved park lo- mission is to preserve America’s most treas- Foundation and I will continue to offer my support in any way that I can because I believe cated in the center of Greenpoint and hosted ured landscapes and cultural icons. family-friendly neighborhood block parties dur- Director Jarvis’s 40-year career has taken in their mission to support and elevate partnering the summer. Most recently, Broadway him from ranger to resource management spe- ships and programs that improve health and Stages joined the television show ‘‘Blue cialist to park biologist to superintendent of quality of life for underserved communities in Bloods’’ and CBS to give $25,000 to the fami- parks such as Craters of the Moon, North Northern California. lies of NYPD officers Rafael Ramos and Cascades, Wrangell-St. Elias, and Mount Since Sierra Health Foundation began grant Wenjian Liu who were brutally murdered in Rainier. Before being confirmed as the 18th funding in 1985, they have awarded more than Brooklyn. Director of the National Park Service on Sep- $97 million in cash grants to 1,004 nonprofit tember 24, 2009, Mr. Jarvis served as regional organizations and public agencies. Today, Si- Ms. Argento is also committed to supporting director of the bureau’s Pacific West Region. erra Health Foundation’s funding region in- young people. Broadway Stages provided new Today, he is responsible for overseeing an cludes 26 counties in Northern California. The audio equipment to St. Stanislaus Kostka agency with more than 22,000 employees, a programs funded by Sierra Health Foundation Catholic Academy, sponsored a 5 Boro Bas- $3 billion budget, and 413 national parks that in these counties address important issues ketball team for teens, created a ‘‘Green attract more than 320 million visitors every such as racial and health equity and juvenile Science Week’’ at PS110, and partnered with year who generate $30 billion in economic justice. Sierra Health Foundation has been a community organizations to hold a local benefit across the nation. dedicated and forward-thinking leader in ‘‘Schoolfest’’ fair for students and their fami- Director Jarvis has reinvigorated the Na- changing the landscape of Northern California lies. Broadway Stages also funded the SYS- tional Park Service’s role as an international for the better; from implementing the Afford- TEM Teen Summer Program, which provides

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.117 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1675 high school students the opportunity to partici- ward left Sudan for Egypt in 1992 to pursue Walsh is retiring as Acting President of pate in hands-on activities focused on green her graduate studies at the American Univer- Merced College after a long and distinguished technology, engineering, gardening, and com- sity in Cairo after receiving a Ford Foundation career in higher education. Dr. Walsh’s career munity service. Scholarship. She completed her Masters De- is one marked by excellence through hard Broadway Stages is an incredible commu- gree in Sociology/Anthropology at the Amer- work, and her undertakings have refined the nity partner that is committed to building a ican in Cairo in 1996. Unable to return to learning and administrative environment of strong and environmentally sustainable future. Sudan due to the civil war, she emigrated Merced College. Under Ms. Argento’s leadership, Broadway from Egypt to Canada in 1997; where she It is no surprise that as an accomplished ed- Stages has become a model of the way pri- joined the University of Toronto, and com- ucator, Dr. Walsh has invested a great deal of vate industry can champion energy sustain- pleted her Ph.D. in Sociology in Education in time into her own education. Dr. Walsh has ability and environmentally-sound community 2004. She moved from Canada to the United earned five separate degrees, with an Associ- development. By installing 50,000 square feet States of America in 2005. ate’s degree in Arts from Merced College, a of solar photovoltaic systems on the roofs of Dr. Jane Edward is married to Prof. Amir Bachelors of Arts in English, a Certificate of 7 of its sound stages, Broadway Stages cre- Idris of Fordham University, and they have two Management, and a Doctorate of Education ated the world’s first solar powered sound children: Amanawil and Bawila. She is cur- from the University of California, Davis, and a stage and the largest private solar power in- rently a Clinical Assistant Professor and Direc- Masters in Library Science from San Jose stallation in New York State. The solar roofs tor of African Immigration Research, in the De- State. Dr. Walsh served as a Librarian in have offset 30 percent of Broadway Stage’s partment of African and African American Stanislaus and Yolo Counties, and has spent annual electricity consumption. Broadway Studies, Fordham University, Rose Hill Cam- the rest of her tenure at Merced College in a Stages also created an organic vegetable farm pus in the Bronx. She published a book titled, variety of roles. Dr. Walsh served as the Di- called ‘‘Eagle Street Rooftop,’’ located on top Sudanese Women Refugees: Transformations rector of the Learning Resources Center for of a warehouse in Greenpoint. The 6,000 and Future Imaginings, New York: Palgrave over 31 years, but has intermittently served as square foot rooftop farm features a variety of Macmillan 2007, and several book chapters, the Co-Interim Associate Vice President for educational and volunteer programs and a journal and opinion articles, as well as re- Technology and Institutional Research, Interim farmer’s market during the growing season. search reports. Vice President of Instruction, Accreditation Li- Broadway Stages is also involved in cleaning Her unwavering interest for learning and aison Officer, and Acting President during her up a Brownfield site at 359 Kingsland Avenue. pursuit of higher education is inspired by her time at Merced College. Ms. Argento has worked with YMCA parents, who recognized the importance of The course of Dr. Walsh’s career has education for all their children regardless of Greenpoint, Boy Scouts of America, Kings earned her reception of a breadth of awards their gender. Additionally, her personal experi- County Democratic Club, Greenpoint Chamber and honors, the full list of which would take ences growing up in South Sudan and observ- of Commerce, Solar One, and EWVIDCO, an more time to read than we have here today. ing the experiences of other women, gave Dr. advocacy organization for industrial busi- In the last 12 years, however, Dr. Walsh has Edward the motivation and encouragement to nesses in Greenpoint. Ms. Argento is a loving been recognized as the Woman of the Year continue with her education, and to recognize mother to her three sons, John, Anthony, and by the Greater Merced Chamber of Com- the significance of women’s education. These Paul. She and her husband, John Ciafone, merce, Merced County Chamber of Com- experiences of schooling, teaching and re- make an incredible team. merce, the Business and Professional Women searching African and South Sudanese wom- Mr. Speaker, I ask my colleagues to join me of Merced, and California State Senator An- en’s issues in the diaspora and in conflict and in recognizing the remarkable work of Gina thony Canella. It is both fitting and appropriate post conflict situations have further afforded Argento, a successful businesswoman, envi- that someone who exemplifies the positive val- Dr. Edward a realization that Africans in gen- ronmentalist, and fantastic neighbor. ues and work ethic of an educator has re- eral and women in particular need to write ceived such a title from so many reputable in- f about their experiences and history from their stitutions. PERSONAL EXPLANATION own perspectives. Dr. Walsh’s steadfast commitment to listen As an advocate for women’s rights, she has to, speak for, and preside over the students HON. DONALD M. PAYNE, JR. been involved with the Non-Governmental Or- and administration of Merced College has ganizations (NGOs) Forum of the United Na- been essential to developing and maintaining OF NEW JERSEY tions International Conference on Population a strong, positive image for the school, and IN THE HOUSE OF REPRESENTATIVES and Development (ICPD), held in Cairo Egypt her presence will be deeply missed. We hope Thursday, December 8, 2016 in 1994; and the NGOs forum on women in that the next chapter of her life can be as ful- Mr. PAYNE. Mr. Speaker, on December 1, China’s Huairou City, a parallel conference of filling as the previous ones have been. 2016, I inadvertently recorded a vote of ‘‘Yea’’ NGOs to the Fourth World Conference on Mr. Speaker, I urge my colleagues to join on H.R. 6392—Systemic Risk Designation Im- Women held in Beijing China in September me in recognizing the career and achieve- provement Act of 2016 (Roll Call no. 599). I 1995. In the summer of 2006, Dr. Edward ments of Dr. Susan Walsh. Her strong voice oppose H.R. 6392, and my vote should be re- launched the African Immigration Research as as an advocator and administrator has been corded as ‘‘Nay’’. part of the larger Bronx African American His- deeply felt for those that have walked the path tory Project (BAAHP), to highlight African im- offered by Merced College, and it is my hope f migrants’ histories, experiences and contribu- that she can bring such positive change to TRIBUTE TO DR. JANE EDWARD tions to the history of the Bronx County. The anything she chooses to involve herself with in main objective of the study is to examine the the future. HON. JOSE´ E. SERRANO situation of African immigrants in the Bronx f with an aim of capturing their varied experi- OF NEW YORK ences. HONORING OFFICER GREG IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I respectfully ask that you and SANCHEZ Thursday, December 8, 2016 my other distinguished colleagues join me in Mr. SERRANO. Mr. Speaker, it is with great honoring Dr. Jane Edward for her consistently HON. MIKE THOMPSON pleasure and admiration that I stand before remarkable dedication to higher education and OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES you today to honor Dr. Jane Edward for her the African Diaspora. years of compassionate advocacy and tireless f Thursday, December 8, 2016 work to advocate for the African Diaspora, es- HONORING THE CAREER OF DR. Mr. THOMPSON of California. Mr. Speaker, pecially in higher education. SUSAN WALSH I rise today to honor Officer Greg Sanchez, Dr. Jane Edward was born and raised in whom I have named a 2016 Public Safety Southern Sudan. She was educated in Sudan, HON. JIM COSTA Hero of the Year for Contra Costa County in Egypt, and Canada. Her early years of school- California’s 5th Congressional District. This OF CALIFORNIA ing were completed in Sudan where she ob- IN THE HOUSE OF REPRESENTATIVES award is given to exceptional members of our tained a BA in Education from the University community who perform beyond their duty as of Juba in Southern Sudan in 1986. She was Thursday, December 8, 2016 a public servant. the first to attend a college and the first to ob- Mr. COSTA. Mr. Speaker, I rise today to Officer Sanchez joined the Hercules Police tain a Doctoral Degree in her family. Dr. Ed- honor the career of Dr. Susan Walsh. Dr. Department in 2008 and currently works as a

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.120 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1676 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016 patrol officer. He previously worked as a While most individuals would take time to ries of families from across the country that School Resource Officer at the Hercules Mid- reflect on such a harrowing ordeal, Michel have been affected by the opioid and heroin dle and High Schools where he made sure our wanted to give back to the country that had epidemic. In the U.S. we lose 129 lives per students had a safe learning environment and provided him and his family safe haven. After day to opioid and heroin overdose. In my acted as a mentor to countless students. As a earning a college degree in chemistry, he de- home state of New Hampshire I have learned leader on school safety, Officer Sanchez cided to utilize his multi-lingual fluency and so many heartbreaking stories of great people trained faculty and staff at all Hercules joined the U.S. Army in 1952. He was de- and families who have suffered from the ef- Schools on how to respond in the event of an ployed to Europe as an interpreter, though he fects of substance use disorder. active shooter on campus. would also serve as a medical corpsman. He Earlier this year, my colleagues and I were His greatest accomplishments have ad- was honorably discharged from the Army in joined by many of these courageous families dressed the relations between law enforce- 1954 as a Private First Class. Upon his return who came to Washington to share their stories ment officers and the people of Hercules. De- to the United States, he earned a master’s de- with Members of Congress and push for ac- spite budget cuts, Officer Sanchez has helped gree in chemistry in evening school and pur- tion that will prevent overdoses and save lives. organize many community engagement pro- sued further studies in Florida. He retired in Since then, we passed both the Comprehen- grams, including the Back to School Backpack 1990 from federal government service after sive Addiction and Recovery Act and the 21st program that provides school supplies for low serving as a senior chemist with the Food and Century Cures Act to provide much needed income students. He also coordinates with Drug Administration. Eight years later, Michel funding and critical policy changes to fight this Neighbor Watch groups and leads the Citizen moved to the Greenspring community in epidemic. Police Academy, where residents can learn Springfield where he still lives and has served The advocacy of these families truly is so about law enforcement and disaster prepared- as the head of the Democratic Club as well as important to leading to change in Washington ness. facilitator of the French Conversation Group. and I am proud to preserve their stories. As someone who has borne witness to Mr. Speaker, I thank Officer Sanchez for his JUSTEN HUMMEL LOUISVILLE KENTUCKY some of the darkest moments of humanity, — , dedication to our community’s safety. For this Michel knows that we must never forget the Justen Hummel passed away on August 9, reason, it is fitting and proper that I honor him 2014. Justen was a very compassionate and honors of the Holocaust or sit idly by while loving son. He was dedicated to his family here today. others are persecuted. Since 1993, he has f and friends; always making the time to help volunteered his time at the U.S. Holocaust whenever it was needed. IN RECOGNITION OF THE SERVICE Museum, working in the Speakers Bureau and Justen could strike up a conversation and OF MICHEL MARGOSIS sharing his experiences. In 2003, he was ap- befriend anyone he met; therefore, he never pointed to the Human Rights Commission of met a stranger. When Justen was just a little Fairfax County where he has continued his ef- boy, he discovered a passion for fishing. You HON. GERALD E. CONNOLLY forts to advance the causes of equality for all. would always see him carrying around his OF VIRGINIA During his tenure on the HRC, he led the pole to fish anywhere that there was a body IN THE HOUSE OF REPRESENTATIVES campaign for the creation of a Holocaust Day of water. Justen was also very intelligent and had a creative mind—always thinking Thursday, December 8, 2016 of Remembrance in Fairfax County and has and eager to create something new. Mr. CONNOLLY. Mr. Speaker, I rise today advocated for similar remembrances at the After having to undergo surgery for a state and national level. to recognize my good friend Michel Margosis Methicillin-resistant Staphylococcus aureus It is this aspect of Michel’s character that I on the occasion of his retirement from the (MRSA) infection, Justen was prescribed liq- perhaps admire most: his desire to use history uid morphine to combat the pain. Con- Fairfax County Human Rights Commission as a tool not only from which to learn the les- sequently, Justen’s drug use escalated to a after 13 years of dedicated service. I have had sons taught by our past failings but also to new level, and he later transitioned to heroin the honor of personally knowing Michel for teach future generations of those failings to as an alternative. many years and believe that he is a man of ensure that they are not repeated. Our human His mother could see Justen struggling so great wit, integrity, dignity, and courage. history is filled with unpleasant and dark chap- much to overcome his battle with addiction. Throughout my tenure on the Fairfax County ters and the temptation is all too often to bury It totally broke her heart. She tried so hard to help him. Justen is so dearly missed. Board of Supervisors, and particularly as those chapters for the pain they cause. That Chairman, I worked closely with the Human impulse is of course understandable, espe- RYAN WAYNE JACKSON—OWENSVILLE, OHIO Rights Commission to fight against discrimina- cially in the case of monstrosities such as the Ryan Wayne Jackson was born on Decem- tion wherever it reared its ugly head in our Holocaust. Michel has made it his mission in ber 6, 1987. Growing up, Ryan was a spirited child—always doing something and always community. Whether it was discrimination in life to ensure that this particular monstrosity is the workplace, the housing market, the school on the go. He enjoyed collecting things and never forgotten and, most importantly, never had several collections of anything and ev- yard or anywhere else, we as a community repeated. Only by acknowledging that injus- erything. have established a zero-tolerance policy for tices have occurred can we begin the process Despite being diagnosed with ADHD, Ryan such abhorrent behavior. That is in no small of healing the wounds they created and guard- was a tremendous student in school; receiv- part due to the efforts of Michel and his fellow ing against similar tragedies in the future. ing A’s and B’s with perfect attendance until commissioners. Mr. Speaker, our community and our Nation the 6th grade. Ryan also set a couple athletic Michel’s commitment to fighting discrimina- have been made better by the life and pres- records in elementary school, which are still tion and promoting justice and human rights is ence of Michel Margosis. While he may be of- held by him today. one which is deeply ingrained in every fiber of ficially stepping down from the Human Rights Middle school was when things started to change for Ryan. He tried out for the basket- his being. As the son of Russian Jews living Commission, I have no doubt that he will con- ball team but didn’t make it; this was a in Belgium at the time of its invasion by the tinue to be engaged in our community and in major blow for him. In addition, Ryan had a Nazis during World War II, Michel along with the cause of human rights that is so dear to few other issues that began to arise. He was his family were forced to flee to Southern him. I ask my colleagues to join me in com- prescribed medication for his ADHD and his France where they were detained as refugees, mending Michel for his many years of service classmates started asking to buy his medi- but managed to escape. This long and difficult and for enriching the lives of all around him. cine from him. This was also around the odyssey led them to France then through the I wish him many years of health, happiness time Ryan first tried marijuana. Pyrenees Mountains into Spain. He remem- and continued success. Ryan later received his degree as a me- chanic. Around ten years ago Ryan was in a f bers the long, perilous journey, during which serious traffic accident, causing him signifi- the family had to avoid capture and survive RECOGNIZING FAMILIES AF- cant pain in his back. Afterwards he was pre- the constant bombing and strafing happening FECTED BY THE NATIONAL scribed medication to help with the pain. For all around them as war engulfed the European OPIOID EPIDEMIC some time, Ryan seemed to do fairly well continent. Sadly, the family became separated managing the pain without medication. during the journey and Michel later traveled to About seven years ago, Ryan started dat- the United States—one of more than 1,400 HON. ANN M. KUSTER ing someone he previously went to school OF NEW HAMPSHIRE with—this was the beginning of the end for unaccompanied minors that arrived from Eu- IN THE HOUSE OF REPRESENTATIVES him. The couple had two little girls. During rope—where he lived with a foster family. Not Thursday, December 8, 2016 this time Ryan lost custody of his stepson to until some years later were all family members the boy’s father, and later lost his own fa- reunited in America. They were among the Ms. KUSTER. Mr. Speaker, it is my honor to ther tragically. Ryan’s life was spiraling out few lucky survivors of the Holocaust. include in the RECORD today the personal sto- of control. He lost his jobs, his cars, his

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.124 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1677 house—essentially everything he owned. In water filled balloon but there is no way out. weeks he spent there were a nightmare—he the end, Ryan was homeless and in trouble Phillip was a news reporter and had worked worked the system expertly. At a counseling with the law. for the paper for ten years. No one knew session he threw a chair against a wall. He Ryan tried to get back into his daughters’ Phillip had relapsed—not his mom, his boss, didn’t cooperate. They put him on lives and was 30 days clean. He was working the county supervisors that he talked to reg- antipsychotic medication. He didn’t follow full time and was in the process of going to ularly, the many people at the courthouse the rules when he came home either, and see a counselor. that he saw on a daily basis. No one knew eventually his mother kicked him out be- The night Ryan overdosed it was his pay- but his wife. cause the situation became dangerous for ev- day; the temptation was too great for him to ‘‘I deal with the guilt of not doing enough eryone under that roof. suppress. On May 6, 2016, Ryan’s grand- before it was too late. Even in his last mo- Jeff overdosed again but his mother didn’t mother found him unresponsive at 8 a.m. ments, did I do enough? Yes I did. I couldn’t know about it until she got the ambulance Ryan had a gigantic heart. He loved hard save him. I could not save the man I loved. bills. He came to live with his mother again, and fully. Ryan had a beautiful smile, a con- My husband. My Protector.’’ and seemed to be doing better. He was going tagious laugh, and was a hard worker. Ryan ZAFER KIESA—ARLINGTON, VIRGINIA to outpatient counseling daily and his moth- always loved his family. His family miss him Zafer Kiesa died on April 13, 2016, from an er thought—‘‘Hey, it’s finally working!’’—be- deeply. accidental heroin overdose. He was 19 years fore things started to get bad again. Jeff’s KEVIN ALAN JOHNSON—BLOOMINGTON, INDIANA old—just months away from his 20th birth- behavior was erratic, he wasn’t doing any of Kevin entered this world on March 20, 1983. day. Zafer, affectionately know as ‘‘Z,’’ was his favorite activities anymore and he al- Growing up, Kevin was always on the go. He a beloved son, brother to three siblings, and ways ‘‘had to work.’’ was a great student. School was easy for friend to many. He signed himself into a treatment center him, yet Kevin never seemed to find what it Z was a sophomore at the University of but got kicked out the next day for smoking was he was meant to do with his life. Kevin Colorado, where he was known as an adven- a cigarette. It was New Year’s Eve. He was the kind of person who never saw a turer, traveler and explorer, who sought out missed Easter dinner, a movie date, his stranger—he could make anyone feel com- thrills whenever possible. He was an avid Grandma’s birthday, etc. His mother went to fortable in any circumstance. He was caring, tennis player and loved to skateboard, hike, see him at work once and he was in the bath- compassionate and had the biggest heart. kayak, and follow his favorite sports teams. room for a long time. When he walked out he Kevin would have done anything for anyone. He liked to begin where the chair lift ended— looked sick—his face was pale and broken He was intelligent, much too intelligent to he’d carry his skis higher up the mountain in out, his eyes were glassy. After giving Jeff a have died this way. search of an untouched backcountry run. drug test, that lit up like a Christmas tree, Kevin was a fun-loving big guy, with a Many of his finest selfies come from his his dad set an ultimatum: ‘‘it’s either rehab wonderful smile, and who loved his family treasured mountain explorations in Colo- or you’re out of this house.’’ Jeff admitted and friends. It didn’t matter who you were, rado. himself to treatment again. It was April 4, when Kevin would leave he would gave you a Z was the ‘‘connector’’ in his family; he al- 2015. big hug. He loved music, reading, playing ways made sure to reach out after going too After getting through detox Jeff was doing video games, and cooking; he could make the long without checking in. It was second na- well. On April 21st, he was discharged—clean most delicious meals. Kevin loved the out- ture to him to send a text, email, or even a and happy—to a sober living house close to doors, especially camping and spending time handwritten note just to remind people that home. On April 29th, Jeff didn’t show up for around campfires with his family and he cared. We used to joke that Z paid more work and when his Dad went to the house friends. attention grooming his emails to Grandma looking for him, he found his son—dead. All His mother knew that Kevin experimented than he did on his papers for school. On the of Jeff’s beloved cameras were found in a with drugs in high school, maybe as early as night of April 13th, Z tried heroin. He bought local pawn shop. My Jeff died of an overdose middle school. She thought it was behavior it for $7.00 a hit. Z went to sleep and never of Heroin/Fentanyl. that he would outgrow of; never realizing woke up. His family’s pain, shock and grief TODD LESCARBEAU—SAINT PAUL, MINNESOTA how far it had gone and what a hold it had upon losing Z is one story among many that Todd Lescarbeau is and always will be his on him. Kevin suffered terrible back pain evidence the public health crisis facing this sister’s big brother, best friend for 40 years, from two failed surgeries and was due for a country. Heroin use has more than doubled protector, confidant, and so much more. third—all at the young age of 25. It was after among young adults in the past decade. On January 3, 1970, the sun rose, and Todd Kevin’s first surgery that brought the begin- Even though the lives of his family have graced the world with his presence. Todd al- ning of his drug abuse; which spiraled from been forever changed by Zafer’s death, his ways lived his life to the fullest, with no there with each attempt to find something spirit and energy will live on within each of fears and few regrets, until the sun set for that would relieve the pain, but Kevin could them and through the good they contribute him and all who loved him on March 6, 2012. not find any peace. When speaking with to this world. Their hope is that by sharing Todd was a fun, loving, protective and Kevin once about his addiction, he told his Zafer’s story, and telling the truth about his gentle father, brother, son, husband, uncle, mother-that he did not feel normal without death, they may be able to save another life. nephew, cousin and friend to all that were the drugs; he could not function. JEFF KLIK—UTICA, MICHIGAN lucky enough to know him. His addiction What Kevin loved the most in life was his Jeff Klik was a beautiful boy: sweet, kind, began like so many others—with prescrip- son. He was in awe that he had created such loving, smart, artistic, talented. He loved tion drugs. Todd suffered from severe back a beautiful little person. He was Kevin’s making music, snowboarding and developing problems and was prescribed opioids for the world, his reason to get up every day and try his own photographs. Jeff was a smart child extreme pain he endured. His back issues led again. This sweet little boy who will never and learned quickly. At the same time, he to various surgeries over the years, and un- know how much his daddy loved him, how was sensitive and had a way with others. He fortunately none of them were able to cure hard he tried for him. For if Kevin only knew always seemed to befriend the kids in school his back problems or completely remove the he would never have left him. that no one else would talk to. pain. Kevin died October 9, 2008, of an accidental Like many of us, Jeff made some bad Todd was a hard working man with integ- overdose. Earlier that evening he had at- choices. When he chose heroin, his love for rity, loyalty, and a ton of love to give. Todd tended a Narcotics Anonymous meeting. His life disappeared. Jeff’s mother found mari- was well known at a very young age as an family’s lives were forever changed. They juana in his room when he was mid-high outstanding drummer. Although he spent think of Kevin and miss him every day. school. At the time she had no idea that this countless hours practicing the drums, it was PHILLIP KEENE—CEDAR BLUFF, VIRGINIA would start their family down the ugly road obvious to everyone that Todd was a natural. Samantha Keene lost her husband, Phillip, that was to come. Drumming and music were two of his biggest on August 22, 2015 to an accidental Fentanyl Jeff was enrolled in an accelerated pro- passions in life. overdose; eight days after his 42nd birthday, gram for high-achievers in high school. When Everyone who loved Todd will never forget two weeks after their daughter’s third birth- his grades started dropping he told his moth- the impact he had on them and the world. He day, and a month after their last wedding er, it was ‘‘just too hard’’ for him. Therefore, fought very hard to overcome his addiction, anniversary. Their nine year old son found he dropped out of the program, graduated spending time in quite a few various treat- Phillip in his office, face down. When he and headed off to college. ment programs. Unfortunately, most insur- came and told Samantha, ‘‘Mom, Dad is As Jeff’s first year away from home went ance companies only allow up to 30 days of sleeping in the floor,’’ she knew exactly what by, his grades dropped and the things he said treatment which was an insufficient amount had happened. He thought Phillip was sleep- weren’t adding up. Something was wrong. for Todd’s case. ing because of that sounds he was making— One day, his mother got a call at the hos- Todd’s struggle with the disease of addic- it sounds like snoring. pital where she work, saying that Jeff was tion is what ultimately claimed his life. Life Phillip left Samantha with three kids ages downstairs. Panicking, she ran down to the will never be the same without him here—his nine, six, and three, with another on the ER. Car accident? Appendicitis? No—a drug family miss him every minute of every day. way. She was 12 weeks pregnant at the time overdose. JAMESON TANNER LINDEMANN—LARAMIE, but had a miscarriage two weeks later. As Jeff came out of his drugged stupor, he WYOMING Samantha’s world has been turned inside said ‘‘I want to kill myself.’’ He was then ad- Jameson Tanner Lindemann, also known out. It’s like I’m fighting to get out of a mitted to a local mental hospital. The two as ‘‘J.T.,’’ was born on January 14, 1985.

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.126 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1678 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016 From the moment he was born, J.T. had a April died on March 12, 2014. She was 30 then called 911. When she went to touch twinkle in his eye that let everyone know: years old and her daughter she left behind Kevin’s shoulder, his stiff body fell to the ‘‘Look out world, get ready for me!’’ Growing was only four. The hardest thing April’s floor. His mother saw the needle 1/2 full of up, J.T. loved little league baseball and was mother ever had to do was to tell a four- clear liquid. She went to move his hoodie to a pretty good player. He would hit home year-old that her mommy had died and what get to his neck to check his pulse and all she runs and then casually run all the bases—it that meant. April’s mother loves and misses saw was the side of his face—purple and cold. seemed much more important to him to have her beautiful daughter every day. Her whole He was dead. A mother’s worst fear comes fun than being seriously competitive about family misses April and they will for the rest true. the game. of their lives. Kev passed away on February 2, 2016, from School was much the same way for J.T.. He KEVIN ‘‘KEV’’ CAROTENUTO—PROSPECT PARK, an overdose of poisoned heroin. would use his smile and eyes to talk his way PENNSYLVANIA f out of doing homework, but somehow man- Kevin ‘‘Kev’’ Carotenuto was born on May aged to remain the teacher’s favorite. TRIBUTE TO NICK’S RESTAURANT J.T. was a talented musician, singer, song- 3, 1993. By the time Kevin got to middle writer. He taught himself how to play the school, he was a talented athlete and very drums and guitar. Composing lyrics came involved in sports, however, school just HON. DAVID YOUNG naturally to him and was always writing new didn’t click for him. Kev started showing OF IOWA verses or ideas down on fast food napkins signs of ADHD very early on. His mother IN THE HOUSE OF REPRESENTATIVES and scraps of paper. tried to get him an Individualized Education You could always find J.T. sitting outside Program (IEP) but was denied, so she put Thursday, December 8, 2016 singing and playing his guitar, playing his him in counseling. Kev turned to drugs to drums in the basement, or jamming at cope with the stress of his struggles. Mr. YOUNG of Iowa. Mr. Speaker, I rise friends’ homes and local music stores. Kev was arrested shortly after his 18th today to congratulate Nick’s Restaurant of Des After about a year of struggling with ad- birthday for robbery of three houses in his Moines, Iowa, for being recognized for serving diction, J.T.’s body could no longer handle family’s neighborhood. He didn’t commit the Iowa’s 2016 Best Breaded Pork Tenderloin by the abuse, shame and sadness. He passed on crimes alone, but wouldn’t snitch on his the Iowa Pork Producers Association (IPPA). September 13, 2007. As J.T. continues his new friends. He received an 18 month sentence in The designation has been bestowed on one adventure, he is greatly missed by family county prison and $30,000 in restitution. Both lucky Iowa restaurant each year since 2002. and friends and will be remembered by all Kevin’s parents visited him and put money who knew him as a free spirit; the spark that on his books the entire time he was in pris- This honor was one owner Nick Iaria has lit up a room with his smile and fun loving on. worked for since he opened his doors, he told ways, a loving son and brother, caring fa- Six months after his release, Kev started the Iowa Pork Producers Association. They ther, and a friend and helper to all who were using heroin. He was in and out of countless chose Nick’s Restaurant over 384 Iowa busi- lucky enough to be touched by his life. treatment facilities until he was sent back nesses because of its unique taste. Nick’s RICHARD THOMAS LONG, JR.—CANTON, ILLINOIS to jail in February of 2015. Kev was caught tenderloins are prepared in ‘‘queen’’ and Richard was his mother’s firstborn and using heroin in a public bathroom and was ‘‘king’’ size, and are known for their made-to- only son, born on February 22, 1986. He was arrested for violating probation. He was sen- order quality. The pork tenderloin is freshly tenced to seven months in county jail. known to many as ‘‘Jr.’’ and ‘‘Duney.’’ Jr. seasoned, floured, battered, breaded and then was smart and a computer buff. Growing up Kev was released the Monday before in Canton, Illinois, he enjoyed listening to Thanksgiving to a local halfway house. He cooked in a fryer designated only for metal music, mastering video games, fishing, was put on blackout for seven days and then tenderloins. Nick’s serves over 1,000 swimming, and teasing Ms younger sister, was allowed to go out for four hours at a tenderloins every week. Jessica. time. Kevin worked for the newspaper union Mr. Speaker, I commend Nick’s Restaurant Jr. loved spending time with his family; he as an extra so he would call in daily for for receiving this distinguished designation. had two boys, Ethan (age 13) and Sabestian work. The Thursday after Thanksgiving Their dedication to frying the perfect pork patty (age 2). They were his pride and joy. He abso- Kevin was booked for an 11 pm to 5 am shift. has put smiles on the faces of Iowans all lutely loved watching Ethan play baseball. Kev told the halfway house that he had Jr. started using drugs in high school and work but proceeded to contact a cellie from across the state. I ask that my colleagues in battled an opiate addiction from that time jail who came to pick him up. When Kev ar- the United States House of Representatives until his death. Richard Thomas Long Jr. rived back at the halfway house he tested join me in congratulating Nick’s Restaurant lost his 13-year battle to opiate addiction on hot for suboxone. He was kicked out imme- and in wishing them nothing but continued February 8, 2015. diately and the halfway house never notified success. APRIL LOUIS—BUMPASS, VIRGINIA his family. Kevin was on the streets for a f April was a loving soul with a huge heart. week before he came clean with his mother. She was drawn to and good at helping others Kev said it was time for him to be a man COMMEMORATING THE LIFE OF but she just didn’t know how to help herself. and he would get himself to rehab. He was DETECTIVE BENJAMIN EDWARD April’s smile lit up any room and her bubbly approved for 26 days of treatment. Seven MARCONI laughter was sweet music to her mother’s days before his release, Kev’s mother re- ears. The happiest day of April’s life was quested a family meeting with his counselor. when her daughter was born. April had been The counselor informed her that on Monday HON. HENRY CUELLAR told that she wouldn’t be able to have chil- the aftercare specialist was going to have a OF TEXAS conference call between Kev, herself and the dren and when she found out she was preg- IN THE HOUSE OF REPRESENTATIVES nant, her mother hoped April would finally counselor. Monday came and went and no be encouraged to get help for her substance call, so Kev’s mother started leaving mes- Thursday, December 8, 2016 use disorder. Unfortunately, April’s daughter sages with the counselor. She called every- Mr. CUELLAR. Mr. Speaker, I rise today to day and left messages—no response. was born addicted to drugs and had to been commemorate the life of Detective Benjamin weaned off with medication. To protect her January 7, 2016, came around and Kev said, grandaughter, April’s mother had to take ‘‘Ma, come get me, I got my coin.’’ Off she Edward Marconi of the San Antonio Police De- her granddaughter away from her own went to pick him up. He came home so happy partment who was tragically killed in the line of daughter. April loved her little girl, but her- and ready to stay clean. He went to proba- duty on November 20th, 2016. oin loved April more. tion the next day where he asked the proba- Detective Marconi was born in the City of April battled addiction for over seven tion officer (PO) to see him twice a week to San Antonio on January 8th, 1966 to James years. During that time, she was in and out keep him honest, which the PO did for one and Minerva Marconi. In the mid-1970s, De- of treatment facilities, drug courts, and jail. week. The following week the PO told Kev he tective Marconi and his family moved to Sadly, April spent the last 18 months of her didn’t have time to see him so often. The PO life incarcerated. When she came home, she ordered Kev to complete IOP, so on January Floresville, Texas, where he lived until he seemed determined and positive about her 8th he called and was told the first opening graduated from Floresville High School. After life to come. was 22 days away. Kevin went 22 days with receiving a business degree from Texas A&I– For the first time in many years April’s no treatment except for NA meetings and a Kingsville, Detective Marconi later joined the mother had hope, faith, and trust in her bible study group of men in recovery. San Antonio Police Department, where he daughter. She also wasn’t afraid anymore On the 29th of January Kev went to IOP for served for 20 years. when her phone rang. But just three weeks his evaluation and when he came out he said, Throughout his life, Detective Marconi was after April was released from jail, April’s ‘‘All good, my first session is on February mother got that phone call, the one call par- 1st.’’ On February 1st Kev’s mother woke up always held in high regard by his family mem- ents fear the most—April had died from an and went into Kev’s room and found him sit- bers, friends and colleagues for his dedication overdose of pure fentanyl and was found on ting on the side of the bed with his head in to serving the public as well as his unwavering the floor of the bedroom at her grand- his hands and his hoodie on. She said his care and compassion for his family, whom he mother’s house. name two times and got no response. She loved dearly. His friends and family cherished

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.127 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1679 his ability to put a smile on anyone’s face, accomplishments in life and to wish her a very music. Together they started a band called, bringing about joy and laughter wherever he happy 103rd birthday. The Wronged and wrote and recorded several songs. went. f Detective Marconi’s commitment to pro- Robert and Eric left behind not only their parents, Patricia and Mike, but also their tecting the people of San Antonio led to his RECOGNIZING FAMILIES AF- FECTED BY THE NATIONAL older brother, Adam and sister in-law, Robin, distinguished career in law enforcement as a and their only niece, Taylor. OPIOID EPIDEMIC member of the Special Victims Unit for SAPD. JASON FREBURGER—PASADENA, MARYLAND A decorated police officer, he had the distinct On December 23, 2015, Jason Freburger died honor and privilege of assuming the rank of HON. ANN M. KUSTER in his family’s home of a heroin overdose. He Detective in Major Crimes. His passion for OF NEW HAMPSHIRE was 29 years old. The several years of bat- serving the community is an example that IN THE HOUSE OF REPRESENTATIVES tling his addiction caused so much pain for each of us should strive to follow. Thursday, December 8, 2016 Jason, as well as his family. Jason felt Detective Marconi is survived by his son, shame, remorse, failure and regret. His fam- Dane Marconi; grandson Mason Marconi; Ms. KUSTER. Mr. Speaker, it is my honor to ily felt lost, horrified, let down, and confused stepdaughter Jacy Lewis; brother Tom Mar- include in the RECORD today the personal sto- by the lack of available resources and the medical system. Jason was in and out of coni and wife Diana, their sons, Adam and An- ries of families from across the country that have been affected by the opioid and heroin treatment, jail, IOP, NA meetings and a half- drew Marconi, and their grand-daughter, way house. Anastazia Zamora Marconi; sister Debbie epidemic. In the U.S. we lose 129 lives per Jason was an electrician for the Board of Saldanã and husband Danny and their sons, day to opioid and heroin overdose. In my Education for eight years, and was preparing Ross Gonzales Jr. and Nick Saldanã, their home state of New Hampshire I have learned to get his Master’s license. He was an animal daughter, Danielle Saldanã, and their grand- so many heartbreaking stories of great people lover, played Xbox, loved fishing, enjoyed daughter, Hailey Gonzales; sister Terri Mar- and families who have suffered from the ef- music, reading a good book, and building coni McKnight and her son, Blake Kirkland; fects of substance use disorder. with Mega Legos. Jason would regularly tell his family that he loved them. However, and numerous aunts, uncles, and cousins. Earlier this year, my colleagues and I were joined by many of these courageous families Jason is the product of a family tree that The legacy of Detective Marconi lives on has strong inherited addictive genes and through the kindness and compassion that he who came to Washington to share their stories mental illness—many of those struggling shared with those who surrounded him. His with Members of Congress and push for ac- with addiction suffer with dual diagnosis, dedication to the people of San Antonio will be tion that will prevent overdoses and save lives. and this resulted in Jason’s demise. remembered throughout the greater Bexar Since then, we passed both the Comprehen- Jason was never allowed enough time in County community. sive Addiction and Recovery Act and the 21st any treatment facility for recovery to take Mr. Speaker, I am honored to have the op- Century Cures Act to provide much needed hold. Losing his job meant losing his medical portunity to remember the legacy of Detective funding and critical policy changes to fight this insurance. There is no in-patient treatment epidemic. that covers beyond two weeks with just Med- Benjamin Marconi. icaid. After two weeks of treatment, Jason f The advocacy of these families truly is so came out clean, but not skilled, not yet important to leading to change in Washington strong enough, not able to keep the disease RECOGNIZING THE 103RD BIRTH- and I am proud to preserve their stories. at bay. He was then sent into a halfway DAY OF MRS. EDNA HALL RILEY ROBERT AND ERIC FRANKLIN—CEDARBURG, house that had no accountability for any of WALKER WISCONSIN its clients. The Franklin family had two beautiful, Jason tried, he tried so hard. He wanted to HON. ALCEE L. HASTINGS talented and very much loved sons, both who be drug free; a simple man living a simple OF FLORIDA died in 2012 from heroin overdoses. They both life. Jason was a part of the Anne Arundel County Maryland Adult Drug Court Pro- IN THE HOUSE OF REPRESENTATIVES are so very missed. Life is just not as full as it should be. Their loss has forever changed gram. Once-a-month hearings with the judge Thursday, December 8, 2016 their family’s lives. and once-a-week case manager meetings Mr. HASTINGS. Mr. Speaker, I rise today to The Franklin’s youngest child, Robert isn’t enough for some of those struggling recognize Mrs. Edna Hall Riley Walker of Riv- Franklin, was born November 10, 1987 and with addiction to be successful. died April 22, 2012. At six foot five, he was a His family can’t stop thinking about iera Beach, Florida, who on December 23rd Jason; loving him, missing him, and needing will turn 103 years young. Mrs. Walker, one of gentle giant. Everyone loved Robert; he was funny and a born leader. In high school, Rob- him in their lives. Jason was a treasure to Florida’s over four thousand centenarians, is a ert had gotten himself into trouble and was them all. He was a beloved child. He was a lifelong resident of Wakulla County. arrested for being in possession of two good person and son. He needed help; he Mrs. Walker continues to follow an incred- pounds of marijuana at the age of 17. As his asked for it but was only granted snippets of ible journey through life and has seen drastic parents, they were shocked that he had been hope that would never lead to solid recovery. changes in the world since she was born in messing with that quantity of marijuana. As Individuals struggling with addiction are our 1913. Mrs. Walker was born the middle child a result, before Robert turned 18 years old he children, spouses, our family. of three in Shadeville, Florida. She started a was labeled a felon. Drugs became Robert’s MARK C. FUSCIA—VOORHEES, NEW JERSEY family with Herbert Riley and had three chil- escape; he shouldn’t have needed to escape, Mark Fuscia passed away to a heroin over- dren: Anthony, Allan, and Ianthia. Working as he had a great childhood and was well liked dose on February 12, 2010. Mark was a won- by everyone. From there, things went quick- derful, kind, respectable, energetic, intel- a Master Seamstress since the 1950s, Mrs. ly downhill. Robert spent much of his young ligent and loving person. Our family used to Walker deeply understands the value of hard adult life in prison or jail. Robert didn’t call him the politician because of his out- work. seem to know how to stop using, and his going and friendly personality with people. Mrs. Walker to this day is still an active family didn’t fully understand what he was At the young age of 14, Mark began experi- member of her community, still a faithful serv- going through. Then he found the drug menting with drugs. During this time his ant of God, and still sharp as a tack. She is Oxycontin. Robert died at the age of 24. As family thought he was just going through a deep believer in the golden rule, and often Neil Young once said, ‘‘Twenty four and the teenage phase of life, and were unaware tells people she meets, ‘‘I would do you right there’s so much more’’. Mark had fallen into a strong addiction. He Their middle son, Eric, was born February before I would ever do you wrong. It’s so im- started out with marijuana, then moved to 22, 1986 and died December 21, 2012. He was a mushrooms, cocaine, pills then heroin. portant to do unto others as you want them to happy, smart, handsome, loved, talented and Mark was really good at various sports do unto you. That’s what Jesus said.’’ caring person. Eric had so much to live for, from a very young age, but was most pas- These days, Mrs. Walker often travels so much left to give to the world. He played sionate about baseball, which he played since throughout the United States to see her many the guitar and harmonica; writing much of elementary school up until the end of fresh- children and grandchildren. Her descendants his own music. Eric also had a great voice. man year of high school. Although he did have flown far and wide, from New York to Eric worked for his dad as a rough carpenter. very well in school throughout the years, his Texas, a testament to her wide-reaching leg- He had just met a girl and were early in family was told by a teacher that Mark was acy. She most enjoys reading and playing their relationship, but somehow he still an excellent student but there was concern couldn’t get past his addiction. His family that he was a follower. Being a follower, games with her grandchildren and great knew he wanted to change. Eric even went to Mark decided after finishing baseball in grandchildren. Clearly, Edna Riley Walker is a treatment center and did really well for a freshman year to quit the team like some of still leaving her mark. while. He was only 26 when he died. his friends had done. It was just the begin- Mr. Speaker, it is my distinct honor to ac- Both Robert and Eric loved to play the gui- ning of Mark becoming disinterested in knowledge this incredible woman on her many tar and were immensely passionate about all things he previously really enjoyed.

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.130 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1680 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016 As his addiction began the summer before Jessica’s struggles began during her fresh- overdosed in the boyfriend’s home and was in sophomore year of high school, Mark faced a man year of college, when she was raped at critical condition. A mixture of heroin and lot of challenges—including arrests as he a party; not telling a soul about the incident methamphetamine was found in her system. sold drugs to support his gradual habit. Dur- for six years. This set the stage for many ag- On January 11th, just three days later, ing his senior year of high school, despite all onizing years of depression, addiction, ano- Shawna was pronounced dead. of the ups and downs, Mark had managed to rexia, and bulimia. Jessica said that heroin ‘‘Heroin came into our lives and now my get two partial academic scholarships to col- was the only thing that, ‘‘made her not baby girl is gone forever,’’ writes her moth- lege. His family couldn’t have been more care.’’ er, Rosalie. ‘‘This is what a taste of this drug proud of him and continued to show support In the six months prior to Jessica’s death, does. My family will be forever broken.’’ and love, hoping that he would have a bright she was slowly improving and coming back ‘‘Have your stories heard. Say them loudly future ahead of him. to herself. She had found a city she loved, a and help other parents, brothers, sisters, and Mark tried so hard to overcome his addic- job, a supportive community, and was exer- children through this ugly battle with drugs. tion and to stay on the straight path, but his cising a lot. Jessica was running many miles Don’t enable your children but also don’t addiction was so strong and followed him a day, which seemed to be helping her with push them away. I send my prayers and tears right to college. His family were always sup- her anxiety. for all of our children.’’ porting him, including trying to help him Unfortunately, due to all of the running, MICHAEL DUANE ‘‘MIKE’’ HANNAY—MASON, through these difficult years. They all loved Jessica had a reoccurrence of a bone infec- MICHIGAN Mark so much and were confident that with tions and had to have surgery in February. Mike was, and still is, an amazing human their help he would be able to overcome his Jessica’s family panicked. Doctors are too being. He had the most contagious smile and addiction in time. At the time, Mark’s fam- free with prescribing narcotics and many the best hair. He was hilarious, sarcastic, ily did not fully understand the grasp the have no idea what these drugs can do to and incredibly witty; he had the most amaz- disease of substance use disorder has on indi- someone who is already struggling with ad- ing sense of humor. Mike had such a big viduals. diction. Therefore, Jessica’s family drove six heart and never spoke bad about anyone. He ANDREW GIBSON—BOSTON, MASSACHUSETTS hours to be with Jessica; they wanted to always had a carefree, laid back attitude. Andrew started using drugs in Middle make sure these doctors knew about Mike was so intelligent—the kind of person School in his hometown of Billerica, Massa- Jessica’s history of struggling with addic- who never had to study but still got A’s and chusetts. First it was marijuana, which he tion. They made it clear to all nurses and B’s. He could answer any Jeopardy ques- used in excess (3–4 times a day starting be- doctors that Jessica was recovering from a tion—things that make most of us say fore he went to school). He sold marijuana heroin addiction and Jessica told them the ‘‘Huh?!’’ Mike could fix any computer prob- for many years until he graduated to opi- same thing. But when Jessica’s mother men- lems in five minutes or less, make you feel ates. He started with 30mg Percocets until tioned this to one of the doctors, he said, better on your absolute worst days, make he discovered that heroin was less expensive. ‘‘Shhh!’’ She asked him, ‘‘What are you talk- you laugh until you cried and your cheeks Andrew’s learning disabilities made school ing about?’’ The doctor began to tell her hurt. Mike loved going to car shows with his difficult for him and he never liked it, but he that, ‘‘Jessica is such a sweet girl, we don’t father. Together, they restored a ’57 Chevy was successful during his last two years of in want people knowing that.’’ Jessica’s mother the summer before he passed. Mike and I a charter high school because of the sup- was struck dumb by the doctor’s comment. were best friends since we were young and portive community, teachers and adminis- The weather forecast showed an incoming were always doing things together. His fam- tration. Andrew graduated in 2012 and never snow storm, so Jessica’s family ended up ily were all so close, a tight-knit family. went to college. only staying two days with Jessica, leaving Seeing Mike suffer from addiction was heart- Andrew loved dirt bikes and did his senior for home after her surgery was complete. breaking for all of them. project on the dynamics of dirt bike engines. They were confident that all would be well; Mike hurt his back in a car accident and, He also loved cars and was proud of his meaning, Jessica would not be prescribed like many who succumb to addiction, was Acura Integra that he drove to school while any narcotics. prescribed pain medication and Xanax by his blaring the sound system that he had in- That afternoon the doctors put Jessica on doctor. One day, at the end of 2009, Mike stalled himself. an IV containing oxycodone, reawakening crushed his hand at work in a 20–ton brake Andrew was always looking ‘‘fresh.’’ He her addiction. They then sent her home with press, resulting in the amputation of the tips took pride in how he presented; he’d clean 50 oxycodone pills and a peripherally in- of three of his fingers. He later underwent dirt off of his spotless white sneakers, wipe serted central catheter (PICC or PIC line). five surgeries to repair his hand. The sever- smudges off mirror sunglasses and sport a The next day Jessica’s family tried calling ity of his injury, the numerous surgeries, crisp haircut. A hat to match the color of his her multiple times, as did her sisters. Jessica and pain resulted in increased access to pre- shirt and sneakers. He was well-liked, char- was supposed to be the maid of honor in her scription medication that enhanced his ad- ismatic, respectful, kind and always willing oldest sister’s wedding. They even were send- diction. to help a friend. He had difficulty being kind ing her pictures of dresses. They received no This was when Mike starting trying her- to himself. He was always focusing on his response from Jessica. oin. He overdosed twice but made it out alive mistakes and dismissing his successes. Jessica’s family panicked and called the on both occasions. The first time was in Andrew relapsed many times and struggled local sheriffs department and they proceeded March of 2011 and the second in October of to embrace the 12 Step Program. In 2014, he to conduct a police welfare check on Jessica. the same year. was charged with possession and trafficking Jessica was found dead. Eight of the 50 pre- For the next few years, Mike struggled off of heroin and was sent to jail. It took being scribed oxycodone pills were gone. On March and on with addiction. Finally, things were arrested to make him realize how serious his 2nd, Jessica became one of the 129. looking up. He had a new job and was doing addiction had become. From there Andrew SHAWNA GURULE—DENVER, COLORADO great. Mike was blessed with his first and went to a sober house in Portland, Maine, On May 25, 1990, Shawna’s mother was only nephew six months prior to his passing. where he learned how to live a substance free blessed with having the most beautiful Mike had been clean for a year and four life. daughter. Shawna was the cutest baby—fat months before he relapsed and lost his life on He got a job as a cook at a local res- and chubby, and hardly ever cried. From an September 20, 2013. taurant, he started to work the 12 Steps, got No one saw this coming, not his friends or early age, Shawna was full of life. When she a sponsor, attended and spoke at meetings, his family. was older, she was a cheerleader and loved started mental health counseling, joined a playing volleyball, singing and dancing. HANNAH DAKOTA VEIT-HARTL—RANCHO PALOS gym and was feeling good about himself. He Shawna was passionate about hairstyling VERDES, CALIFORNIA looked and felt great—having gained back and was great at it—she would do all her Hannah was a smart, witty, caring young some of the weight that he lost when he was girlfriend’s hair for special occasions. woman. She brought the life to any party using. Shawna’s mother dealt with her daughters with her infectious, sometimes twisted, Andrew passed away in Portland, Maine on struggles with addiction for years; beginning sense of humor. To her parents, she was the April 11, 2015, after a three-year battle with around 13 or 14 years old, when she was in- daughter we all hope for. She was a self-mo- Heroin addiction. He was 21 years young. In troduced to prescription pills. Consequently, tivated honors student, cool-as-a-cucumber his short time on this earth, Andrew helped Shawna’s behavior started to change, affect- ice hockey goalie, and a protective big sister countless people. Many people have told his ing their relationship. Shawna was no longer to her two siblings. She enjoyed skiing, family that they wouldn’t be sober or even the baby girl that her mother knew, she was swimming, traveling and hanging out with alive if it weren’t for him. someone else. her family. JESSICA ELIZABETH GRUBB—CHARLESTON, WEST Over the years, Shawna tried to clean up As Hannah went through her teen years, VIRGINIA her act, not only for her own well-being, but she gravitated towards a partying culture Jessica Elizabeth Grubb, second oldest of for her newborn son. In 2015, she was intro- and became somewhat of a music ‘‘savant.’’ five sisters, died on March 2, 2016 as a result duced to heroin by the boyfriend she was liv- As she continued on her college education at of oxycodone toxicity. After struggling for ing with. Shawna hated how overpowering UCSC, little did Hannah realize that the all- many years with the demon that is heroin heroin was; she had little control and felt too-easy to get, ubiquitous, and cheap her- addiction, Jessica’s mother had hoped and she could not refrain from using. oin, would savagely alter her brain chem- truly believed that Jessica was finally on the On January 9, 2016, Shawna’s mother re- istry and bring with it the disease of addic- clean and sober path to recovery. ceived the dreaded call; Shawna had tion. Lacking a true understanding as to how

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.133 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1681 this drug works, Hannah did not initially and started college. Things were looking up. RECOGNIZING THE 2016 MVLE recognize the signs of addiction. When Chris turned 18, he moved in with a ANNUAL AWARD RECIPIENTS Just last year when Hannah realized that couple of friends and things quickly began to she had become dependent on heroin, she slip. One of his roommates was selling drugs went to Urgent Care to get help. The only and the police were watching the apartment. HON. GERALD E. CONNOLLY OF VIRGINIA ‘‘help’’ they could give her was a taxi vouch- One night, the cops raided the apartment er home. The following day, she returned to and everyone inside was arrested. After that, IN THE HOUSE OF REPRESENTATIVES the hospital where, again, she was handed a Chris was subject to random drug testing. Thursday, December 8, 2016 taxi voucher and sent away. In desperation, Hannah called her mom for help. Unfortu- In 2013, Chris was sent to the county jail Mr. CONNOLLY. Mr. Speaker, I rise today nately, like most families, Hannah’s family for eight months, after threatening his to recognize the 2016 MVLE Annual Award understood very little about addiction and grandmother. When he got out, Chris and his Recipients. heroin. They were unfamiliar with what girlfriend, reunited and began abusing drugs For 45 years, MVLE has provided employ- steps to take to get Hannah the help she together. Chris eventually checked into a ment opportunities and support services to in- needed and they did what they thought was treatment center; but once he was stable, dividuals with disabilities and thereby created best. Hannah’s family sent her to a treat- the facility needed the bed and Chris was rean environment which has allowed its clients ment center, a path which they now under- leased. Later, when Chris told his probation to live in dignity and as independently as pos- stand was ineffective and inadequate on officer he wouldn’t test clean, he was sent sible. MVLE has achieved this success by many levels. back to jail for the weekend. Given that Hannah didn’t match the heroin partnering with local businesses as well as addict stereotype her family had in their The summer after that seemed like a with government agencies and other not-for- minds, as she continued on in college they dream for Chris and his girlfriend; they were profit organizations. MVLE, its staff, and dedi- thought everything was essentially under always laughing and taking endless walks cated volunteers and supporters can be proud control. Even after the course of treatment, together. On September 25, 2014, Chris’ moth- that they are making a positive difference in none of Hannah’s family understood the iner got a call from his girlfriend saying Chris someone’s life every day. sidiousness of this drug, the relentless grip was going back to jail for 20 days. Four days Each year, MVLE honors individual partici- of addiction, nor the absurd statistical odds later, Chris called from jail to tell his moth- pants, as well as business and community against Hannah’s survival. Although Han- er that his girlfriend had died from an over- partners, who support MVLE’s mission. I am nah’s active addiction only lasted for several dose. He said if he had been home he could months, she relapsed with someone she had have saved her. pleased to include the names of the following met at the treatment center. Hannah was 2016 award recipients: Chris was never the same after that and able to bounce back and when she began her The President’s Award is being presented to went back to abusing drugs immediately senior year of college, she believed she was individuals who have shown outstanding well-equipped to manage her addiction and after being released and he was picked up progress toward gaining independence and again by the police on April 15, 2015. When he her family did too. self-sufficiency through participation in employ- Then on March 9, 2016, she died. Hannah’s was released from jail on September 3rd, Chris seemed to be doing well. He applied for ment and community services. The 2016 tragic and untimely death at the age of 22 President’s Award recipients are Ashley Car- has shaken her family to its deepest core. a job, and later that day he scheduled a time Like many young students during finals, to get vivitrol shots. The next day Chris ter, Wei Lung Lin, Jennifer Quinn, and Jose Hannah stayed up for many nights in a row called his mother depressed because he Mananzan. studying. She did not die from a heroin over- missed his girlfriend and said that he never The Chairman’s Award is being presented dose— smart, witty, Hannah made a calcula- truly dealt with her death. On September to an outstanding business partner who has tion error. She did not factor exhaustion 5th, the Jordan family were woken up in the demonstrated excellence in hiring practices, into the equation when taking ‘‘just a little’’ early morning by a policewoman telling creating supportive work environments, and heroin to go to sleep. The dose of heroin them that Chris was found dead. supporting the mission of MVLE. The 2016 itself did not kill her; because she was so ex- Chairman’s Award recipients are Chick-fil-A of hausted the heroin fatally compromised her f natural reflexes to re-position herself while Dumfries and Chick-fil-A of Chantilly Place. MVLE also presents four Community she slept. With her head surrounded by an REMEMBERING THE LIFE AND array of pillows, she slowly suffocated. Han- Awards for Government, Employment, Social nah did not want to die; the morning of her LEGACY OF JOHN GLENN Responsibility, and Integration. death she had just turned in one of the last The Government Champion Award is being term papers she needed to earn her Bach- presented to the Defense Acquisition Univer- elor’s Degree in Psychology. On the floor HON. TIM RYAN sity in recognition of its commitment to the next to her bed was a pile of LSAT study creation of meaningful employment opportuni- OF OHIO books and underneath her pillow was a ‘‘To ties across government and business sectors. Do’’ list. IN THE HOUSE OF REPRESENTATIVES The Employment Partner Award is being CHRISTOPHER MATTHEW ‘‘CHRIS’’ HONOR— presented to Sharp Business Systems of SALEM, NEW HAMPSHIRE Thursday, December 8, 2016 Washington, DC in recognition of its efforts to Chris was an average student and loved Mr. RYAN of Ohio. Mr. Speaker, I am deep- create meaningful community employment op- history class. He played various sports and portunities for individuals with disabilities and could spout out statistics about any team. ly saddened by the passing of John Glenn. My military veterans. He wanted to become a sports broadcaster thoughts and prayers are with his wife Annie, The Advocacy Champion Award is being and did work for a few seasons with the New his family, and the countless others who are presented to state Delegate Patrick Hope, who Hampshire Fisher Cats baseball team. mourning this great loss. When Chris was 12 years old, his mother represents Virginia’s 47th District. MVLE pre- first started noticing some troubling signs. John Glenn was a decorated World War II sents this award to an outstanding partner Chris became more defiant and his moods Marine Corps Fighter Pilot who broke the who advocates for community integration by would change rapidly, from extreme highs to transcontinental speed record. A pioneer as- fostering partnerships across sectors to create deep low. He scratched at scabs on his arms tronaut who was the first American to orbit the new opportunities for the disabilities commu- as a means of escaping feeling. Chris’ parents earth, and he later became the oldest man in nity. went to court and begged the judge to get The Social Responsibility Award is being Chris evaluated for bipolar disorder. Chris’ space at the age of 77. He was a distin- mother was accused of wanting to simply guished statesman who represented Ohio in presented to The Paul Mitchell School of medicate her difficult child, but all she the United States Senate. But most impor- Woodbridge, Virginia. MVLE presents this wanted was to give him a fair shot at life and tantly, he was a family man who married his award to an outstanding partner who supports help him learn to deal with the over- childhood sweetheart, Annie, and enjoyed MVLE and our community through contribu- whelming feelings. Soon after, Chris’ mother spending time with his family and friends. tions and volunteer work. found out he had started experimenting with Mr. Speaker, I ask my colleagues to join me marijuana. I count myself lucky to have had the oppor- in commending MVLE for its success in help- When Chris was 17, he was picked up by the tunity to spend some time with Senator Glenn ing individuals with disabilities achieve inde- police when he was high on ecstasy. After a and I will cherish those moments for the rest big fight, Chris left his father’s house and pendence and in congratulating the 2016 went to live with some friends and later, his of my life. Today is a sad day for the State of MVLE Annual Award recipients. The efforts of grandmother. Chris decided he would finish Ohio and for the United States of America. MVLE, its supporters, community partners, his senior year of high school by taking John Glenn was an American hero and his life and clients are an inspiration to all and are night classes. He graduated in 2011, got a job and legacy will never be forgotten. worthy of our highest praise.

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.134 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1682 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016 IN RECOGNITION OF ANA ard Hunter of Indianola, Iowa, for completing ers are better equipped to help students gain RODRIGUEZ this year’s Des Moines Triathlon at age 85. the knowledge and skills necessary in a Dr. Hunter did not begin competing in participatory democracy. HON. CAROLYN B. MALONEY triathlons until after his retirement from medi- Through the James Madison Legacy OF NEW YORK cine at 67. He remained committed to his Project, Oregon teachers are learning directly IN THE HOUSE OF REPRESENTATIVES training even after he returned to medicine, from current and past members of the Oregon not retiring again until 82. He participated in Supreme Court, constitutional scholars, and Thursday, December 8, 2016 the famed Ironman triathlon, which took him master teachers. The project includes follow- Mrs. CAROLYN B. MALONEY of New York. on a journey all over the world to compete. up services so that teachers can more readily Mr. Speaker, I rise in recognition of Ana Rodri- After moving to Indianola to be closer to his implement what they learn in their classrooms. guez, Director of Community Relations and family, Dr. Hunter wondered how he would Future professional development will include Volunteer Services at Mount Sinai Queens, continue to train when he did not have an opportunities to examine primary source docu- who was honored for her achievements as ocean to swim or bike trails to challenge him. ments from our country’s founding, a private part of Women’s History Month. Ms. Rodri- He soon discovered that he could continue tour of the Oregon Historical Society and ex- guez is a dedicated, compassionate, and be- training at the local YMCA. The hard work hibit on the Founders, and lectures from First loved representative for the hospital. She at- paid off. Not only did he complete the 2016 and Fourteenth Amendment scholars. Teach- tends countless community meetings and is Des Moines Triathlon, but he was also the old- ers will also have an exclusive behind the always cheerful and well informed. est participant by 11 years in the sprint race. scenes view of the renowned Oregon High In her role at Mount Sinai Queens, Ms. Mr. Speaker, I commend Dr. Hunter for hav- School State We the People Competition in Rodriguez works with community organiza- ing the discipline and determination to com- January 2017. tions and community leaders to ensure that pete in this rigorous competition. I ask that my The Center for Civic Education and Or- the hospital best serves its community. In ad- colleagues in the United States House of Rep- egon’s Classroom Law Project are at forefront dition, she coordinates educational health pro- resentative join me in congratulating him and of innovative and equitable civic education in grams and events to promote awareness in wishing him nothing but continue success. America, and I look forward to their continued about health issues in the community. Ms. f success and accomplishment. Rodriguez also works with people of all ages f and all walks of life who are interested in vol- JAMES MADISON LEGACY unteering, in order to ensure that the hospital’s PROJECT RECOGNIZING FAMILIES AF- patients are served in the most meaningful FECTED BY THE NATIONAL way possible. HON. EARL BLUMENAUER OPIOID EPIDEMIC Ms. Rodriguez has also been an important OF OREGON advocate for children. From 1993 through IN THE HOUSE OF REPRESENTATIVES HON. ANN M. KUSTER 1999, she worked with Greater New York Thursday, December 8, 2016 OF NEW HAMPSHIRE Councils, Boy Scouts of America. In her role IN THE HOUSE OF REPRESENTATIVES Mr. BLUMENAUER. Mr. Speaker, I would as Associate Director, Ms. Rodriguez served Thursday, December 8, 2016 youth in Manhattan, Brooklyn, Queens, and like to recognize the James Madison Legacy the Bronx through the Urban Emphasis and Project, a nationwide teacher professional de- Ms. KUSTER. Mr. Speaker, it is my honor to Scoutreach Program. She collaborated with velopment program, currently being imple- include in the RECORD today the personal sto- school principals, religious institutions, and mented in Oregon by the Classroom Law ries of families from across the country that community organizations to establish new Project, a civic education non-profit in Port- have been affected by the opioid and heroin scouting programs. land, Oregon. Led by Executive Director epidemic. In the U.S. we lose 129 lives per For six years, Ms. Rodriguez served adoles- Marilyn Cover, Classroom Law Project brings day to opioid and heroin overdose. In my cents, as well as adults, as a senior clinical vital and engaging civics and law-related edu- home state of New Hampshire, I have learned social worker at the New York Presbyterian cation programs into the classrooms across so many heartbreaking stories of great people Hospital. Here, she provided mental health Oregon, teaching students of all grade levels and families who have suffered from the ef- services, and worked with young men and the values and skills essential to being a par- fects of substance use disorder. women to empower them to reach their full ticipating citizen in our democracy. Each year, Earlier this year, my colleagues and I were potential. Classroom Law Project’s innovative, practical, joined by many of these courageous families Ms. Rodriguez has been celebrated by the and fun programs involve and inspire over 800 who came to Washington to share their stories community for her achievements. For exam- teachers and 60,000 Oregon students. with Members of Congress and push for ac- ple, Centro de Desarrollo de la Mujer (Center The James Madison Legacy Project, made tion that will prevent overdoses and save lives. for Women Development) has presented her possible by a grant from the U.S. Department Since then, we passed both the Comprehen- with a Woman of the Year Award for her com- of Education’s Supporting Effective Educator sive Addiction and Recovery Act and the 21st munity service. Her work has also been recog- Development program, is a three year nation- Century Cures Act to provide much needed nized by the Office of the Borough President wide initiative of the Center for Civic Education funding and critical policy changes to fight this of Manhattan, and she has received the Peter that recently entered its second year. The epidemic. Vallone, Jr. Award from the 114th Precinct Ci- project aims to provide professional develop- The advocacy of these families truly is so vilian Observation Patrol for her dedication to ment for over 2000 teachers of high-need stu- important to leading to change is Washington the people of Astoria and Long Island City. dents, help over 200,000 students meet state and I am proud to preserve their stories. Ms. Rodriguez has a Bachelor of Science standards in civics and government, serve the ERIK LEE BLOM—FAIRVIEW, TENNESSEE from Hunter College and a Master’s degree in self-identified professional development needs Erik’s death has devastated his entire fam- social work from Columbia University. of more than 500 participating schools with ily. He was an extremely gifted and creative Mr. Speaker, I ask my colleagues to join me significant concentrations of high-need stu- young man whose keen wit and empathetic heart is missed everyday. in recognizing the wonderful work of Ms. dents throughout the United States. The project will also evaluate the relative effective- Erik began to abuse substances in 7th Rodriguez and her tireless service to her com- grade. His sister remembers the day he made munity. ness of the Center’s traditional We the People: the mistake of wearing bike shorts to f The Citizen and the Constitution professional school—he was bullied everyday after that. development model enhanced with online re- Eventually, Erik made a conscious decision TRIBUTE TO DR. RICHARD sources compared with a new blended-learn- to be tougher than anyone else and his ten- HUNTER ing variation of the traditional model that also der heart began to harden with the belief uses online resources. that it was best not to feel—never to cry. HON. DAVID YOUNG The key goals of the James Madison Leg- Erik was intelligent, frustrated, and bored. acy Project are providing the best practices in The school thought he would benefit from OF IOWA being challenged in a gifted class and it did IN THE HOUSE OF REPRESENTATIVES civic education directly to teachers and identi- seem to help some, but he would still dis- fying cost-effective ways to provide accessible Thursday, December 8, 2016 appear to a place that we couldn’t seem to professional development programs, particu- reach. Erik’s depression and anxiety kept Mr. YOUNG of Iowa. Mr. Speaker, I rise larly for teachers in high-needs schools. With him off-balance and he started self-medi- today to recognize and congratulate Dr. Rich- exceptional professional development, teach- cating with marijuana before moving on to

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.137 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1683 Xanax and Lortab. Pills were easy to get. made him mad, he would not love her, and Dayne and his mother still can’t accept that Kids took them from their parents bedside she would not see him. he is gone. She tried getting help for Dayne tables and traded on the bus. Erik was ar- After an almost fatal overdose, it came to from every corner; fighting for a bed, fight- rested at school during his senior year for light that John had been using drugs for 15 ing with insurance companies, etc. The public intoxication. He went to jail and then years. He was 30 years old at the time and Brandano family were involved, loving par- to treatment. He was put on probation for a had two daughters, ages two and four. ents, who volunteered at school and enrolled year. The summer after treatment, Erik and John’s family tried to encourage him to their kids in every sport and activity. Dayne his sister worked at a kids camp together enter a treatment program, but he declined, was an amazing human being with the most and our family had a summer to remember— stating he had to go back to work to help beautiful soul—many who knew him have we had our son back. support his daughters. His family agreed to said the same. In the fall of 2003, Erik started college as a support John as long as he stayed clean. He GREGORY LEE CHAPMAN III—PRINCE FREDERICK, double major in graphic design and print did pretty well for a couple of months, but MARYLAND making. He was being treated for Bipolar II those close to him began to see some famil- Gregory (Greg) Lee Chapman III died Au- but his anxiety and depression weren’t being iar signs that he was using again. gust 27th of 2015, from a fatal mixture of her- managed properly and he went back to self- On Memorial Day, 2012, John’s mother re- oin, Alpha PVP (AKA Flakka), and medicating with marijuana. From early ceived the phone call that every mother of a Fentanyl. He was 26 years old. Greg was childhood coloring contests to his mastery of child struggling with addiction dreads get- many things—he was not his addiction. He printmaking, Erik was always driven to ting. Her young granddaughters got up that loved God, his family, his friends, and his fel- share his life through art. This process of morning and found their father lying dead on low Army Veterans. creation became an act of rebellion against the living room floor—their lives trauma- On Greg’s first day of high school he was the demons that plagued him. tized and forever changed. given drugs by another classmate. This was Erik used heroin for the first time one Not a day goes by that John’s mother the start of a journey that would ultimately week before his 26th birthday. The group of doesn’t think of her sweet little happy baby end in his death. After high school, Greg de- people who helped him shoot up for the first boy and his sensitive and caring heart. She cided he wanted to get away from his home- time then had to spend 45 minutes reviving knows, without a doubt, that he would have town, where he felt so heavily influenced by him. He survived. He told his family that never intentionally put his family through the drug culture; he joined the Army and when he used that day, he felt no pain for the this grief and heartache. He had such a sen- went to boot camp. Things seemed to be first time since he could remember. He sitive spirit and giving heart for those in turning around for him until he got deployed would go on to chase that feeling for three trouble or need and he would never have pur- to Iraq at the age of 19. Greg never talked years. He never found it again. Instead, he posefully caused this. These demons called about the things that happened over there, found an addiction that brought him to heroin and cocaine consumed him and ulti- but his family knows he experienced count- homelessness, got him work as a confidential mately took him. less traumatizing events. informant, landed him in jail, lost him DAYNE BRANDANO—MALDEN, MASSACHUSETTS After deployment, he was stationed back friends and at times, his family, caused un- Dayne and his sister, Brittany, have strug- in Seattle. Not long after that, Greg received thinkable trauma, and ultimately death. gled with the disease of addiction. Dayne medication from a doctor to treat his depres- On April 30, 2014, Erik had been clean and died on July 25, 2015 from a drug overdose; sion and opioids for his back pain. This took sober for 6 months but his mood disorder was and Brittany is in recovery and very in- him back down the wrong road—but this out of control. The psychiatrist prescribed volved in the sober community. time his struggles were compounded by him two weeks of Klonopin but he took all of The Brandano family has been dealing with PTSD. A few months later, he put himself it in two days. His agitation progressed and the heroin epidemic first-hand since 2006, into a 30-day treatment program in Oregon. turned into outright rage. We called the po- when Brittany was hit by a car and needed Greg continued to battle with addiction lice in hopes that he would be admitted to surgery. When Brittany was released from throughout all of his transfers and ended up the hospital to stabilize, but he didn’t have the hospital, she was given a prescription for with a couple of DUI’s. After 5 years in the health insurance and presented as well liquid OxyContin. Dayne and Brittany’s military, he decided that it was time for him enough, so they released him. When he came mother had never heard of the drug before. to leave the Army at the age of 23. He feared back home things got even crazier and we One day, she noticed that most of the liquid that if he didn’t, he may not end up leaving called the police again. Erik went to stay was gone and had not been taken as directed. on his own terms. with a friend who he pressured to take him From that point forward the Brandano fam- He ended up back home with his family. He to a dealer. Erik shot up in the car and then ily tried everything to help Brittany: tough never really found his way and the path that again in the bathroom. Erik’s sister got a love, endless understanding and support, var- called to him was one that would keep him call from a detective at 2:22 a.m. He told her ious detoxes, rehabs, etc. Within six months medicated from his nightmares. As time that the entire family needed to get to the of abusing her prescription pain medication, went by, his fight or flight responses height- ER asap. When Erik’s family arrived they Brittany was addicted to heroin. ened and he had no ability to deal with the were told that Erik was dead upon arrival. After battling with insurance companies trauma he had experienced. That was Thursday, May 1, 2014. That was who refused to cover long-term care for ad- Sometimes when he came to visit me Greg the day our lives changed forever. He was 29 diction treatment, the Brandano family de- would pass out while we were mid-conversa- years old. cided to send Brittany out-of-state to a pri- tion. His family had no previous experience JOHN BOTKINS, III—CLERMONT, FLORIDA vately-owned treatment facility. At the with heroin or prescription pills and didn’t From the day John was born, he brought so time, Brittany was 18 years old and Dayne know what to do at first. After a while it be- much joy to everyone lives. No matter how was only 10. Dayne worried about his sister a came clear that there was a much bigger hard his family tried to stay mad at him, lot and witnessed many things that no 10 problem. Greg then entered a treatment fa- over the mischief he got into, John always year old should have to witness. On one occa- cility followed by a stay in sober living. managed to say something funny to make sion, Brittany coaxed him to urinate in her After his stay in the sober living facility them laugh. John was a very inquisitive drug testing cup. he thought that he could make a go of it on child and adult, never believing anything Dayne started smoking pot at an early age his own. He moved into an apartment that he would hurt him and always willing to try and was smoking regularly by the time he found online. We later discovered that the anything. was 11. Dayne graduated to Percocet when he owner of the house was a drug dealer and Needless to say, life with John was never was 14, after he found a prescription at his human trafficker and is currently serving 8 dull. He was always independent and strong- grandmother’s house. From then on, residen- years in jail. When Greg said he wanted to willed, but always cheerful and upbeat, even tial treatment stays became the norm for move out of that apartment we told him to when he was fighting his hardest demons. Dayne. His final stint in treatment was at come home, but he wanted to stay in Florida While in middle school, John was diagnosed the age of 16. where his friends were and find a different with ADD, and placed on medication to help Dayne was sober for about four months be- place. keep him focused. John was in and out of fore his first and final relapse. When he came The police raided his home on August 27th school after that, and barely managed to home from treatment, Dayne looked amaz- and my son was found dead in his garage graduate high school. He attended one year ing. His mother could sense peace in his apartment. He was not alone when he took of college and flunked out. He returned home eyes. She knew he really wanted to stay that fatal dose, but he was left there to die. and his step-father and mother paid to send sober and she could finally sleep at night. . him to train to climb towers, where he ex- The night before Dayne died, he came home Greg was too good for this world and dealt celled and began working for his stepfather’s looking like he had been smoking pot. His with great emotional pain. He thought he company. He was one of the best climbers in mother calmly told him that together they should be strong enough to recover on his the industry. were going to look for treatment options in own, even though his last words to one of his Unfortunately, John’s alcohol and drug the morning and that she loved him. That friends were, ‘‘We can’t do this alone.’’ He habit exacerbated throughout the years, was the last time she saw Dayne alive. was always reaching out to others even in changing his personality and his lifestyle Dayne’s mother feels cheated. All of their the midst of his own battles and there are drastically. His mother never wanted to be- family’s hard work for nothing. As a family, people today who are sober because of his lieve he had a problem and was fearful, if she they did everything they could to save death.

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.140 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1684 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016

DAVID COFFEY—BRISTOL, TENNESSEE passed away, we found out from her friends sonality, never without a smile on his face or David was born on September 1, 1981, in that Lizzie was their go-to person for sup- a kind word on his lips. He was a loving Bristol, Tennessee. He entered this world port and encouragement; she was always brother, son, uncle and friend to all he came healthy after a long and somewhat com- willing to help and comfort them. in contact with. plicated delivery: 10 fingers, 10 toes, a set of Lizzie touched so many lives in her short Reese was an accomplished athlete from a lungs that worked perfectly. He arrived as time here on earth. She will be forever re- very young age. As a nine year old, Reese the first-born into a happy home and was membered for her free spirit, compassion for was selected to join the boys All-Star base- joined by his brother, Chris, 22 months later. others, and her sense of humor. She will re- ball team. The boys were so much alike that they were main in the hearts of those who loved her As the oldest of four boys, Reese tended to often mistaken for twins. forever. take care of his younger brothers’ needs and wants before his own; always making sure It was not until his late teenage years that KEVIN DOAN—CINCINNATI, OHIO everyone was included in the activity of the David began experimenting with drugs, Kevin Doan grew up in an upper middle day. As a born leader and protector, Reese which didn’t develop into an addiction until class family. They lived on wooded property made sure that no one felt uncomfortable or much later. He obtained a degree in Audio and as a child Kevin spent most days ‘‘build- unsure of themselves. Graduating high Engineering in Manhattan, NY and then ing camps,’’ fishing, and hiking around with school was a huge accomplishment for Reese moved back to Tennessee. He took a bad fall his sister, brothers and friends from the and he had plans to join the military. at one point and shattered his ankle. He had neighborhood. When he was six he expressed to have surgery and was given prescription Reese started using prescription pain median interest in ice hockey and excelled on the cation when he was 15 years old, which pills for the pain. From that time on, life be- ice, quickly moving up through the teams. came a struggle; it all started with Lortab turned into a heroin addiction. Heroin be- Kevin spent his teenage years traveling to came a way of life for him and ultimately and progressed to Oxycontin. play AAA hockey. He was a large, formidable After going to his first treatment facility, too big a foe to overcome. figure on the team. His dad was always the In his short, yet, vibrant life, Reese which lasted for almost 90 days, David re- head or assistant coach, so they spent many touched people in a unique way. Those who lapsed almost immediately. hours together on and off the ice. This cycle continued for nearly 15 years. had the pleasure of crossing his path have Kevin graduated from high school and got distinct memories of him. Reese is at peace, At times, David would gain long periods of a degree in Construction Technology. He sobriety—a year, maybe two years at a time. and his family grieves this loss but not the gravitated towards construction because he experiences they had with him. He even returned to school to become a Mas- loved being outside and working with his KATHRINE FOLKER—WARRENTON, VIRGINIA ter Barber and opened his own barber shop. hands. He spent weekends doing what he Through it all he was a loving and giving loved—camping, fishing and playing hockey. From the moment she was born, Kathrine young man—always willing to help others. Kevin’s family believes his drug problem and her mother had a powerful bond, and de- He had a sense of humor that could rival the began in 2014, at the age of 28, after he in- spite what was to come, this connection best and put a smile on your face on the jured his back on a job site. The doctor pre- never faltered. Kathrine showed some signs of trouble worst of days. Yet in the end, drugs still won scribed him pain meds and Kevin quickly de- early in her life, but her family didn’t think the war. On July 26, 2015, while on vacation, veloped a substance use disorder—wanting they were anything to worry about. In ele- David passed away from a heroin overdose. and needing these pills even after the doctor mentary school she developed attention NICHOLAS (NICK) CONTOPULOS—TEMECULA, would no longer prescribe them. CALIFORNIA Kevin was always able to hold a full-time issues and by the time she was in middle school, she had some problems with anxiety. On May 29th, 2010, the Contopulos family job, and therefore had enough money to buy Doctors said Kathrine was borderline and lost their 26-year-old son, Nick, after a 14- the pills illegally. He began to come around never formally diagnosing her or prescribed year struggle to find long-term, affordable, less often for family gatherings, and kept missing birthdays and holidays. When his medication. clinically informed care and recovery for his Socially, Kathrine thrived. She had many family questioned him, Kevin said he was addiction and mental illness. friends and always went out of her way to During his shortened life, Nick spent time ‘‘sick.’’ His family knew something was take care of the underdog. She was filled in more than twenty-five inpatient treat- wrong but had no idea the extent of his ill- with energy for the people around her and ment facilities (some at great expense), as ness. believed that everyone deserved love, no well as numerous sober living homes, in ad- Kevin came to his family in October 2015, and told them he wanted to get help. On Oc- matter what. dition to multiple visits to local emergency During Kathrine’s senior year of high tober 15th, Kevin packed his belongings and rooms. school, she got her CNA nursing license and his parents drove him to a treatment facility Although Nick struggled courageously to started working in a local senior and reha- in Northern Ohio. They hugged, kissed and find long-term recovery, he relapsed time bilitation home. She was the youngest em- told him how proud they were of him! and time again. Those who loved Nick came ployee at the facility. She adored her pa- During Kevin’s time in treatment he wrote to respect this cunning, powerful and baf- tients and they loved her right back. How- his family letters about how happy and fling disease and its ability to destroy every- ever, during this time, Kathrine became in- whole he felt. He honestly thought he could thing in its path. volved with people who introduced her to il- Due to the desperation that addiction en- come home and stay clean. Kevin was al- licit substances. This led her down a path tails, Nick was incarcerated for a total of lowed to come home for a visit over Christ- that would eventually take her life. mas. When he came home, he was clear-eyed, more than three years. If a portion of what At 18 years old, Kathrine realized that she 25 lbs heavier and enjoyed spending time our society spent on keeping Nick behind wasn’t just partying hard but drinking to with his entire family—he kept saying how bars had been allocated to finding long-term, blackout. Bad things happened to her when thankful he was for his family. affordable care, Nick’s father believes that she was drunk and of which she had no mem- Kevin returned to the program after the he would be alive today. Sadly, this is not so. ory. She was scared and did not want that to holiday and was officially released on Janu- Instead, we live in a time where hundreds of be her life. Kathrine was mature enough to ary 23, 2016. Kevin was advised not to return thousands of ‘‘other Nicks’’ struggle daily to check herself into a treatment center and to Cincinnati, where he would be triggered find their own recovery in a society where then join a sober living community. And it by his apartment and his friends. He ignored this medical problem continues to be stig- worked, it really did. For a year, Kathrine this advice, thinking that he could handle matized and criminalized. May we who have was clean, sober and self-supporting. She was himself. He planned to return to his job and survived, live to see a better day for these happy again, she was beautiful, and her fam- apartment. His family was terrified for him ‘‘other Nicks’’ and for those who love them. ily was full of hope. ELIZABETH (LIZZIE) DELSARDO—PITTSBURGH, to come back and their fears were realized on When Kathrine turned 19, she was excited PENNSYLVANIA January 26, 2016, only 3 days after Kevin about the future and felt strong enough to came home, when his mother discovered him Lizzie was only 23 years old when she lost live alone. She moved out of the sober living dead—in their home, in his old bedroom. her battle with addiction. Sadly, she strug- community and signed a lease for her own Kevin was 30 years old. gled for several years, spent time in a few apartment. Unfortunately, she wasn’t ready. The detectives found a needle near his treatment facilities, and was called home by Kathrine told her mother that she wanted to body with a small amount of heroin left in her Heavenly Father on May 11, 2016. see if she really had a problem or could learn it. It was later determined that the heroin Lizzie was very interested in musical the- to drink like everyone else. And so she was laced with a synthetic fentanyl. The de- atre and enjoyed both watching and per- drank. One night about four weeks or so tectives said that because Kevin had just forming. She loved to sing and dance con- after moving into her apartment, Kathrine gotten out of treatment and his system was stantly singing anywhere she was. Lizzie was drunk when someone told her, ‘‘keep clean, the drugs immediately shut down his would write her own songs and poems and still,’’ and injected heroin into her hand. heart. His family had no idea that Kevin was was always so excited to share them with us. That moment was the beginning of the end. using heroin. He had never been arrested and She was eager to hear our opinions, even Twelve weeks later, Kathrine was dead. Her had no police record—not even a ticket. though she would sometimes get upset if we first overdose was her last. didn’t LOVE them. REESE ENGLE—HENDERSON, NEVADA Kathrine, who was nervous that wanting a Everyone who knew Lizzie loved her infec- Reese was 19 years old at the time of his glass of champagne on her 21st birthday, tious laugh and bright smile. After she death on July 21, 2011. He had a dynamic per- never made it to twenty.

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.142 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1685 RECOGNIZING IRMA GARCIA Jaycees also host team building events like TRIBUTE TO LORNA GROW camping trips and leadership conferences. HON. HENRY CUELLAR Collectively, these help build a strong organi- HON. DAVID YOUNG OF TEXAS zation with community-minded individuals that OF IOWA IN THE HOUSE OF REPRESENTATIVES are equipped to address issues facing the city. IN THE HOUSE OF REPRESENTATIVES The Jaycees embody the values of commu- Thursday, December 8, 2016 Thursday, December 8, 2016 nity service through their project and events Mr. CUELLAR, Mr. Speaker, I rise today to throughout the city of Wyandotte and the sur- Mr. YOUNG of Iowa. Mr. Speaker, I rise commemorate the life of one of Laredo’s finest rounding area. Through the organization’s ac- today to recognize and congratulate Lorna citizens, Irma Garcia. tions, the Wyandotte Jaycees have not only Grow for her 50 years of leadership with the Ms. Garcia was born in Laredo, Texas on worked to tackle local issues while promoting Sugar Grove Sunshine 4–H Club, which celebrated its 100th anniversary on September 24, the 26th of October in 1951 to Adolfo and economic development, but have also pro- Irma Garcia. She was the second child of six 2016. vided countless young men and women with Since 1965, Lorna has served as the Sugar children; Adolfo, George, Ileana, Hector and valuable leadership and organizational experi- Grove Sunshine 4–H Club leader, guiding and Cordelia Garcia. Throughout her life, Ms. Gar- ence that opens the doors to new opportuni- encouraging its members through fair projects, cia was always held in high regard by her ties. I have confidence that the experience shows, and other activities. Head, Heart, family members, friends, and colleagues be- that these individuals gain through their in- Hands and Health are the tenets of 4–H. cause of her outgoing nature and positive atti- volvement with the Wyandotte Jaycees will Lorna embodies them all. Her influence has tude. Her ability to treat everyone she met allow them to become leaders in the commu- been evident in the lives of so many area fam- with kindness and respect made her a role nity and give them the skills they need to suc- ilies. A former member said Lorna encouraged model for the entire community. ceed professionally. her to do a presentation to quell her fear Irma brought the best out of everyone who Mr. Speaker, I ask my colleagues to join me about public speaking to a large group at the had the privilege of being in her company. today in recognizing the Wyandotte Jaycees Iowa State Fair which now, in adulthood, she Known for her fun-loving side, she was re- and their 40 years of service on behalf of the does on a regular basis. Another former 4–H garded as one of Laredo’s best party hosts. Wyandotte and Downriver areas. The Wyan- Club member made sure her own children Ms. Garcia was also known for her love of pol- dotte Jaycees continue to serve a critical role joined Sugar Grove Sunshine 4–H Club be- itics and enthusiasm for social justice. This de- in providing valuable community service while cause of the guidance and skills taught by votion led to her taking on work in the county helping young people develop leadership Lorna, including how to can vegetables and clerk’s office in 1976 under Clerk Mike Volpe. skills. sew clothing. Lorna meets with every member She then went on to work in the 49th District of the Club regularly and on an individual Court. In 2007, she started working with Jesus f basis, encouraging them in their growth as in- ‘‘Chuy’’ Garza in County Court of Law No. 2. RECOGNIZING JASON JABBAR dividuals and to experience new adventures She was revered for her faithful dedication to SPEAR they might not otherwise have. her work throughout her career. Mr. Speaker, I commend Lorna for her out- Ms. Garcia is survived by her father Adolfo standing leadership. Her dedication as a 4–H Garcia; siblings, Adolfo Garcia, Ileana Garcia HON. ELEANOR HOLMES NORTON club leader has influenced so many over the Maldonado, and Hector J. Garcia. She is also OF THE DISTRICT OF COLUMBIA past 50 years. It is an honor to represent her survived by her nieces and nephews, Kenny, IN THE HOUSE OF REPRESENTATIVES and Iowans like her in the United States Con- Adrian, David, Vanessa, Ariane, Chanelle, Thursday, December 8, 2016 gress. I ask that my colleagues in the United Meriel, Nicole, Cordelia, and Joshua—all of States House of Representatives join me in whom she regarded as her own children. Ms. NORTON. Mr. Speaker, I ask the congratulating her and in wishing her nothing Her legacy will remain strong through dedi- House to join me in recognizing Jason Jabbar but continued success. cation and support of those around her. Her Spear, who has served as my Legislative As- f kindness will never be forgotten and is some- sociate and Deputy Communications Director for more than five years. During this time, he RECOGNIZING THE OSHER LIFE- thing that all should strive to emulate. LONG LEARNING INSTITUTE ON Mr. Speaker, I am honored to have the op- has proven himself to be a valuable member of my staff and essential to the work that our THE OCCASION OF ITS 25TH AN- portunity to remember the legacy of Irma Gar- NIVERSARY cia. office provides to our more than 670,000 residents. On December 31, 2016, Jason will be f leaving my office to further his education at HON. GERALD E. CONNOLLY IN RECOGNITION OF THE WYAN- New York University’s Robert F. Wagner OF VIRGINIA DOTTE JAYCEES FOR THEIR Graduate School of Public Service. Jason’s IN THE HOUSE OF REPRESENTATIVES SERVICE AND ACTIVISM IN THE strong work ethic, quick wit and humor, intel- Thursday, December 8, 2016 DOWNRIVER COMMUNITY ligence, and constant enthusiasm will surely Mr. CONNOLLY. Mr. Speaker, I rise today be missed by his colleagues in the House, the to recognize George Mason University and the HON. DEBBIE DINGELL residents of the District of Columbia, and es- Osher Lifelong Learning Institute (OLLI) on the OF MICHIGAN pecially my office. occasion of OLLI’s 25th Anniversary. IN THE HOUSE OF REPRESENTATIVES Jason, a native of Alabama, quickly adopted In 1991, OLLI was founded as the Learning D.C. as his second home. After completing a Thursday, December 8, 2016 in Retirement Institute by Kathryn Brooks, term as a White House intern, Jason joined Shirley Fox, and Lilyan Spero, whom I knew Mrs. DINGELL. Mr. Speaker, I rise today to my office and took advantage of every oppor- and collaborated with for many years. The in- recognize the Wyandotte Jaycees for their ef- tunity to help the mission of our office. Jason stitute eventually developed a relationship with forts to promote positive change in the com- performed his duties with excellence and en- George Mason University as part of GMU’s munity. For the past 40 years, the Wyandotte ergy. He answered phones; wrote correspond- continuing efforts to expand access to edu- Jaycees have helped to build young leaders ence, legislation, and press releases; planned cational opportunities to all members of the while engaging in projects to raise awareness events; and even photographed many of those community. and address issues facing the Wyandotte and same events, all while managing a legislative OLLI’s mission is ‘‘to offer to its members Downriver communities. portfolio. His capacity for hard work and his learning opportunities in a stimulating environ- Founded in 1976, the Wyandotte Jaycees is very affable demeanor made Jason a pleasure ment in which adults can share their talents, an organization of young professionals that, in to be around and work with. experiences and skills, explore new interests, collaboration with local non-profits, works to Jason’s presence in my office and in the city discover and develop latent abilities, engage improve their community while providing lead- will surely be missed and I wish him all the in intellectual and cultural pursuits, and social- ership opportunities for its members. The best in New York. ize with others of similar interests.’’ What start- group has compiled an impressive record of I ask my colleagues to join me in recog- ed as a member-run center with 100 individ- developing leaders while working to improve nizing Jason Spear for his outstanding service uals operating and teaching out of a single the local community through events like Hoo- to the House of Representatives and my of- room has grown into a robust, first-rate edu- ray for the Good Guys, which provides food fice, and to the residents of the District of Co- cational and social organization with more and baked goods to public safety officials. The lumbia. than 1,200 members.

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.144 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1686 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016 OLLI offers mature adults in Northern Vir- strength. But in the end, on August 16, 2015, never-the-less, drugs. Nick was smart and ginia over 400 courses and special events at the disease of addiction proved too great for knew the risks involved with drug use, so his its three campuses in Fairfax, Reston, and him to overcome. John passed away unex- mother never imagined that anything seri- pectedly from a heroin overdose. He was 46 ous was happening. She certainly never pre- Loudoun. years old. pared herself for the journey her family was From arts to zoology, religion to science, ‘‘I can’t imagine his daily struggles and about to embark upon. there is a topic to satisfy everyone. the hardships he faced in his short life,’’ One day, Nick called his mother to say he I believe that education and learning are writes his mother, Gail. ‘‘It was heart- had been sick in bed for three days. She lifelong endeavors. OLLI provides this oppor- breaking to see John’s self-esteem diminish knew in her gut that something was not tunity to learn for the sake of learning. Not to over time. He had a difficulties maintaining right. Nick had been sick a bunch of times get a degree or advance in your career—but employment and finding stable living. Before since going away to college, which is nor- just for the sheer pleasure of expanding your his last and final attempt at recovery, which mally no big deal—take some Tylenol and so sadly failed, John was living in a homeless get rest—but this time felt different. She knowledge or finally having the time to explore shelter.’’ called an ambulance and sent them to Nick’s a new subject. ‘‘I loved my John. I know his life was bit- address. Two hours later, Nick’s mom ar- I commend the leadership of both George tersweet and his struggles were so great. I rived at the hospital where she found her son Mason University and OLLI for their commit- believe some individuals are just too fragile curled up in a ball on a cot. Nothing had ment and vision to extending the benefits of for this world, and I am so grateful to God been done. The hospital knew Nick was going continued and collaborative learning to as that he took John home at last. For I know through heroin withdrawal but because of many members of our community as possible. in my heart he is now joyous, at peace, and HIPAA they couldn’t tell Nick’s mother in the loving arms of our Lord. John’s strug- As someone who comes from local govern- what was happening. When Nick saw his gle is over; he is now an angel.’’ mom, he held up his arms and said, ‘‘Mom, ment, I understand firsthand that the high ANDREW ANGERS—SAGINAW, MI it’s bad.’’ She dropped to her knees and her quality of life that we enjoy in Northern Virginia Andrew was born April 5, 1982, at 12:01 a.m. hell as a parent began. Within 24 hours, Nick is directly linked to the quality of educational He was a beautiful baby and had a star qual- was on a plane to Arizona where he was ad- resources that are at our disposal. ity about him as a toddler. Growing up, An- mitted into treatment for the next two I congratulate the Osher Lifelong Learning drew was a happy, healthy boy with a kind months. Institute staff and volunteers on 25 years of heart and a brilliant smile. Then one day he Nick moved back home after treatment service to our community and ask my col- was not so happy anymore. and within three months his mother saw sus- leagues to join me in wishing them great suc- As Andrew entered high school, he began picious signs. She kicked him out of her house. In September of 2014, Nick came and cess in all future endeavors. to struggle with personal demons. As a result, he experimented with drugs as a way to told her, ‘‘Mom, I’m using again.’’ Within 24 f cope with his emotions. Andrew was imme- hours, Nick was back on a plane to Arizona diately taken hostage by addiction and his for a second stint in treatment. This time RECOGNIZING FAMILIES AF- battle progressed before he even graduated. Nick was there for four months. He came FECTED BY THE NATIONAL Andrew did manage to graduate, although a home for Christmas of 2014, clean from OPIOID EPIDEMIC year later than he should have. Regardless, Xanax and heroin. it was a happy day for him and his family. Nick got a job working for the state of In- For the years following, Andrew’s strug- diana and was quickly promoted. However, HON. ANN M. KUSTER gles with addiction continued but at times it Nick felt miserable inside and nothing his OF NEW HAMPSHIRE seemed he was gaining the upper hand. An- mother did could fix Nick’s loneliness. When IN THE HOUSE OF REPRESENTATIVES drew entered college and even married his Nick was diagnosed with Bipolar Disorder, he faithfully took his meds and followed up Thursday, December 8, 2016 high school sweetheart. Sadly, college went by the wayside and the marriage failed. Even monthly with his doctor. He did not want to Ms. KUSTER. Mr. Speaker, it is my honor to throughout all the hardships, Andrew was be unhappy; he exercised, attempted a vegan include in the RECORD today the personal sto- still there—there were glimpses of the sweet, diet and quit smoking three months before ries of families from across the country that sensitive, kind-hearted man he was. he died. The week before Nick relapsed, he had to have been affected by the opioid and heroin Andrew was a very talented musician and was often seen walking around wearing a work long shifts plowing during a snowstorm epidemic. In the U.S. we lose 129 lives per banjo. He had the most wonderful smile and and was stressed and tired. Sitting by him- day to opioid and heroin overdose. In my such a warm laugh. Andrew had hope right self plowing snow for 16 hours did something home state of New Hampshire I have learned up until the end. In a final phone call he to Nick; he got Xanax from a friend. When so many heartbreaking stories of great people spoke of his future and being done with his mother found out, Nick told her, ‘‘Mom, and families who have suffered from the ef- using. On June 18, 2009, Andrew was found I just wanted to take something to make my fects of substance use disorder. dead from an overdose. It truly was the day miserable job tolerable . . . I would never Earlier this year, my colleagues and I were the music ended. use heroin again.’’ Unfortunately, Xanax was NICHOLAS ANTICH—CROWN POINT, INDIANA all it took to wake up the devil within Nick joined by many of these courageous families that had been dormant for 18 months. His The mother of Nick Antich wants people to who came to Washington to share their stories mother was petrified that whole week, know her family’s tragedy in order to bring with Members of Congress and push for ac- thinking here we go again. On Friday, March light to a growing epidemic in the United tion that will prevent overdoses and save lives. 4th, Nick went to see friends in Indianapolis States. It’s unfortunate that people are for the weekend and had plans to stay with Since then, we passed both the Comprehen- ashamed to tell the stories of their loved his sister in Bloomington for the rest of that sive Addiction and Recovery Act and the 21st ones who are battling drug addiction. They week. Nick’s parents flew out on Saturday Century Cures Act to provide much needed worry that society will see those struggling for a week’s vacation in Arizona. On Sunday funding and critical policy changes to fight this as second class, low-life individuals. As an afternoon, March 6, 2016, Nick didn’t wake emergency nurse, Nick’s mom has a job to epidemic. up. help anyone who enters the ER. The advocacy of these families truly is so She hates drugs. They robbed Nick of his Nick’s mother now has the perspective important to leading to change in Washington life, they robbed her daughter of her only that if addiction can happen to her son, it and I am proud to preserve their stories. sibling, and they robbed his parents of their can happen to anyone. Addiction impacts only son. Over 450 people attended Nick’s JOHN MICHAEL AHERN—ROCKPORT, people who are educated; smart, charismatic wake, which was a testament to how loved MASSACHUSETTS and have the world in the palm of their hand. he was: friends, family, and teachers from el- John was born on September 30, 1969. He Nick Antich was an top student who didn’t ementary through high school came to share was the youngest of three siblings, Kathryn, get into trouble at school and never caused that day with Nick’s family. Nick didn’t re- Charles, and Mary, and a father to three his father and mother much grief beyond the alize how much love there was for him in beautiful boys, Johnny, Rian, and Connor. typical teenage issues. Nick was raised in a this life. Growing up, John was a wonderful son— normal family, played baseball as a child and Despite the resources Nick’s mother had joyful, loving and compassionate. At the age wrestled in middle school. He loved animals access to as an emergency room nurse, she of 14, he began a transition that would lead and was known as the ‘‘animal whisperer’’ could not save him. This is what she has to to a long, hard fought battle with addiction. because on several different occasions he learn to live with forever. Please don’t hide Over the years, John was treated at various saved kittens from the side of busy highways these stories anymore. Out of the 450 people rehabilitation clinics across the country. He where they had been dumped. who attended Nick’s service, at least a dozen did his best to maintain his sobriety and When Nick was accepted into an Engineer- said it happened to them too. would do so for short periods of time, but the ing program for college, he moved to Indian- disease of addiction was too strong for John. apolis. During his Sophomore year in col- TOMMY JACOB ARNOLD—DECATUR, ILLINOIS John was determined to overcome his lege, Nick started dabbling in drugs. Nothing The Arnold’s youngest son, Tommy died of struggles, fighting fiercely and with all his his mother would consider hardcore, but a heroin overdose on June 25, 2016. His battle

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.148 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1687 with addiction started when someone offered to the demands of wrestling. Afterward, sports in high school. The summer after his him heroin as an alternative to dull the pain Ronni was in a car accident and received pre- freshman year in college, Bobby had ACL of a toothache. It instantly grabbed control scription opioids for her pain. Around the surgery and came home with a 90-day supply and robbed Tommy of everything—family, same time, she was diagnosed with Attention of OxyContin. That was the summer Bobby friends, jobs, cars, a home—but most of all it Deficit Disorder; which had not been pre- became addicted to pain medication. robbed him of his self respect. viously identified as an issue due to her aca- During the following year, Bobby suffered Growing up, Tommy was a typical all- demic ability and achievements. from anxiety and depression. He had trouble American boy with hopes and dreams. He As parents, the Bakers thought that if keeping up in his classes and Bobby dropped loved music, movies, campfires with friends they did mostly everything right, then their out in the spring. Within six months of re- and just being with those he loved. He was a children would be okay. They thought that turning home, Bobby had several run-ins shy, gentle giant that was always kind and by living out in the sticks they were insu- with the police. caring to everyone he met—he would give lated from some of the big-city problems Bobby’s mom will never forget the moment the shirt off his back to anyone in need. that affect many young individuals. Opioids when she realized that her son was addicted to drugs. She was rustling through his room Tommy lost it all to this horrible, ravaging are everywhere and opioid addiction lays in and found a box in the back of his closet full drug. wait for everyone. of childhood memorabilia. Wrapped up tight On the morning of June 25th this year, FRANKIE PROUT—PHILADELPHIA, in Bobby’s baby blanket was a box of hypo- Tommy’s family was awoken by the coroner PENNSYLVANIA dermic needles. Having a son that was ad- telling them that their son had overdosed On February 5, 2012, at 6:04 a.m. Frankie dicted to drugs and in trouble with the law just a few hours earlier—and his body was Prout, oldest of four, was pronounced dead at was something Bobby’s mom never expected awaiting their funeral instructions at the the age of 20 while living in a halfway house. would happen to her family. Shortly there- morgue. No parent should have to receive Frankie grew up in Port Richmond in after, Bobby fell into a vicious cycle—mov- news like this. Tommy fought hard before Philadelphia. As a child, he was loved by ev- ing between jail, treatment, recovery, and losing his battle with addiction. He was in eryone. Around the age of 18, Frankie started relapse. Despite the fact that his mom kept recovery five different times, but this last to change. He wasn’t acting like his normal trying to get Bobby the treatment he so des- time he wasn’t able to fight his way back. happy self and his mother knew something perately he needed, she felt helpless. His ‘‘30 days of treatment isn’t enough to help was wrong, but never in a million years did mom often thinks that if Bobby had access those afflicted successfully fight this bat- she suspect he was developing a drug addic- to better treatment and if he hadn’t been re- tle,’’ writes Tommy’s mother, Kathleen. tion. It turns out Frankie was using stricted to serve probation in Roanoke (the ‘‘Longer, progressive plans need to be devel- Percocet prescribed by a dentist. By the time town where all of his connections to drugs oped to stop this epidemic from taking the his use had escalated to crushing and snort- were), Bobby would have been better poised lives of our loved ones.’’ ing 30mg, he was stealing from and lying to to succeed in recovery. Although Tommy is in heaven now, pain- his family and friends. He eventually was in- Bobby’s addiction was destroying his life free, he leaves behind parents, grandparents, carcerated for robbing a car. When he re- and the lives of his entire family. He had sto- aunts, uncles, a brother and sister, the love turned home from jail, he went right back to len his mother’s credit cards, pawned items of his life, and his six year old son. His fam- abusing drugs. At this point, Frankie’s fam- from his family’s home and put his mother ily is all heart-broken. ily gave him the option to get help or be into financial debt. She laid awake at night homeless. RONNI BAKER—STOW, MAINE worrying that a drug dealer would come to When Frankie and his mother first went to their home and worried that she would re- Ronni Baker was raised in a loving and a detox facility, he was turned away for an ceive the call from the police saying that he stable environment where her and her sis- expired ID. The second time, he was turned had overdosed. ter’s needs were met. As a family, the Bakers away from the detox facility because he Bobby was convicted of possession and dis- did many things together; they played out- didn’t have enough drugs in his system. tribution charges. He spent three years in a side, went camping and fishing, and always Frankie at this point was so sick from with- Federal Prison Camp. His mom was grateful had fun. drawal that he begged his mother to let him for this because at least Bobby was safe and Ronni’s parents had good relationships die. In order to get enough drugs in his sys- drug-free for three years. At the Camp, with both of their daughters and supported tem to be admitted, his mother had to pur- Bobby received his journeyman’s license as them in pursuing their interests. Ronni chase Percocet for him to use. Detox accept- an electrician, was certified in heating and loved trying new things. She joined the 4–H ed him that time and kept him for five days air conditioning, and cultivated his relation- youth organization at the age of ten and got during which he celebrated his 19th birthday. ship to his higher power. When his mom her first horse when she was 12. She was also When the facility ran out of beds, Frankie went to visit him, there was light in his a Girl Scout and participated in Odyssey of was released. He stayed clean for three eyes, and for the first time in a long time she the Mind creative challenges. Ronni was an months before relapsing. Frankie’s addiction did not see Bobby overtaken by addiction. avid reader and loved trivia. She had a fond- got worse and worse during his relapse. He When Bobby got out jail and came home, ness for animals and had a way with them. desperately needed detox to get clean again his mom felt like she had Bobby back. He At 16, Ronni thought it would be fun to enter but he was turned away from the facility be- said, ‘‘Mom, I have a second chance at life.’’ a Miss Teen USA contest, so she did. In high cause there were no beds. Bobby was lucky to get a great job despite school, she was on the wrestling team. When Frankie finally was able to get into his felony record. He worked hard every day Ronni had strong political views and feel- detox, again his stay was only for five days. of the week; got up at 6 a.m., packed his ings about equality—she often stuck up for This time Frankie celebrated Christmas lunch, and came home by 7 p.m. after a long the underdog. As a young child, she spent a there. When he was released, Frankie went day’s work. He was proud of his accomplish- lot of time with her great-grandparents and to an inpatient rehabilitation facility and ments and got a promotion at work. developed an affection for the elderly. After seemed to be doing well there. However, his Then Bobby let people from his past back becoming a certified nurse’s aide, she started insurance covering the treatment ran out into his life and his addiction was triggered. working in a local nursing home—a place after 42 days. In one weekend, Bobby relapsed for the last where she connected with and felt protective From the inpatient rehabilitation facility, time. On a sunny Saturday afternoon, he of the residents. Frankie to a halfway house in the same overdosed from heroin laced with fentanyl. School came easy to Ronni and she never neighborhood where he used to get high. His mom found him lying on the floor in his really had to work that hard at it. Socially, Frankie checked in on a Thursday afternoon bedroom and the EMS couldn’t revive him. she was bubbly, easy-going, and funny. She and was out on the streets within the hour— He died on June 6th, 2015 at the age of 28. had lots of friends. So why did Ronni, of all he didn’t even get drug tested. He was living After the shock of Bobby’s death, his mom kids, start using drugs? Why did she—of all with eleven heroin addicts, all of whom were felt compelled to speak out in order to people—die of a drug overdose in the dawn of allowed to come and go as they pleased. On change the stigma that surrounds this dis- her life? Saturday, Frankie went to his mother’s ease. Since then, many people have told her Her family thinks it started innocently house for more clothes and blankets. She their stories about a family member who is enough, with kids experimenting with alco- was surprised to see him and asked why he struggling with addiction or has died of it. hol and/or maybe marijuana; just like many didn’t have any restrictions. When he didn’t These stories are not public knowledge. We teenagers do. But opiates changed the rules answer, his mother told him she was going to need to reach out to families who are strug- of the game. These pills are now shared the check out the halfway house the very next gling and grieving. We need to replace judge- way other substances were in the past. With day. Before leaving he said, ‘‘I love you ment with respect and support. We need to these powerful drugs, kids can’t always move Mom. See you tomorrow.’’ Those were the let them know they are not alone. on from their experimentation phase and last words she heard from her son. Frankie NICHOLAS ‘‘NICK’’ BERGER—POTTSTOWN, grow up. They think they are just having fun died of an IV heroin overdose in the bath- PENNSYLVANIA and are invincible, but no one is invincible room of the halfway house where someone Nick was a really great guy and a wonder- when it comes to opioid addiction, let alone helped him get high and left him to die. ful son. He grew up in an average middle- a young adult. JOHN ROBERT ‘‘BOBBY’’ BAYLIS II—ROANOKE, class home, surrounded by family and pets Add to this experimentation, the fact that VIRGINIA who loved him dearly. He enjoyed many ac- when Ronni was in her late teens she started Bobby was the oldest of three siblings. He tivities in high school, including football, experiencing some back and leg pain related was a funny, kind-hearted kid who played ROTC, agriculture, and animal husbandry.

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00023 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.150 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1688 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016 From an early age, nature was Nick’s sol- On Thursday evening, April 24, 2014, Nick Since its founding in 1841, Our Lady of ace. He enjoyed camping, hunting and fish- was supposed to go to an outpatient group Mount Carmel has been devoted to welcoming ing. After graduating high school, he worked and then a meeting. He came home late— all members of the community. The Parish as a hunting guide in Wyoming for a couple but, ‘‘looked OK,’’ according to his father. of seasons tracking elk, mule deer, and ante- Nick retired to his room and injected celebrates the rich Queens Borough culture lope. During that time, he hunted and fished crushed Oxycodone before going to bed. through educational programs and monthly in Alaska, British Columbia and Canada. He When he fell asleep his lungs stopped and his festivities. This has earned it the title ‘‘Mother encountered some challenges in the wild but body shut down. His parents found him dead Church of Queens County.’’ he had good survival skills and could think the following morning. Nick was 31. Mount Carmel is one of the few parishes in on his feet. f New York City that has its own parish ceme- Nick’s father owned a construction busi- tery. Their cemetery reflects the heritage of ness and when Nick returned home he start- RECOGNIZING THE RETIREMENT the early Irish Catholic settlers of Astoria, ed working for his dad. Nick was a natural OF MRS. SYLVIA L. HERNANDEZ and his father had hopes of passing his busi- many of who arrived there to escape Ireland’s ness on to him someday. potato blight of the late 1840s. Our Lady of One day, Nick hurt his shoulder while HON. HENRY CUELLAR Mount Carmel was also the first Catholic com- playing a casual game of football and even- OF TEXAS munity in Queens County to have a resident tually had to have surgery. During his recov- priest, and the first to conduct Mass in its own ery, the doctor prescribed semi-synthetic IN THE HOUSE OF REPRESENTATIVES opioids. After completing the prescribed Thursday, December 8, 2016 church building. dose, Nick sought out supplemental prescrip- Along with English language services, the tion medication on the street. When illegal Mr. CUELLAR. Mr. Speaker, I rise today to Parish has performed masses in Spanish prescriptions became too costly, Nick turned recognize Mrs. Sylvia L. Hernandez, Regional since 1977 and has added services in Czech to heroin. Administrator for the U.S. General Services and Slovak as well. Nick kept his addiction hidden. His family Administration’s (GSA) Greater Southwest Re- Additionally, the Parish has made significant and closest friends remained clueless about gion, who will be retiring after 38 years of efforts to improve the community through reli- his struggle. He was never in trouble with service gious and educational programs. They accom- the law and didn’t miss work. Nick came Mrs. Hernandez was born on May 31, 1956 home for family meals and was rarely out plished this by establishing religion classes for late. He was always an honest kid, so when in Deming, New Mexico. She attended mentally disabled and physically challenged Nick told his family something, they be- Deming High School and eventually received students, religion classes for junior high school lieved him. her Bachelor of Arts degrees from New Mex- students, adult religious education programs, a Slowly, some of Nick’s behaviors changed. ico State University and the University of teen club, and children’s summer programs. He became moody. He often asked for his Texas at Arlington. She also earned a Mas- The Parish has also established the Young paycheck early, kept coming down with flu- ter’s Certification in Telecommunications Man- like symptoms and started acting depressed. Adult Internship Program, a job-training pro- His family didn’t understand what was going agement from the University of Dallas, Texas. gram for unskilled youth that teaches valuable on and when they asked, Nick said he had a After college, Mrs. Hernandez would soon join workplace skills to roughly 35 students per se- 24-hr bug. the GSA, starting a career that expanded over mester, resulting in more employment opportu- In retrospect, Nick’s family thinks that his three decades. nities within the neighborhood. opioid drug use went on for at least a couple Mrs. Hernandez’s hard work and dedication The Parish has devotedly served its Queens of years undetected. Eventually, the signs at GSA allowed her to serve in several impor- community for 175 years, and it is a pleasure became too apparent and when his family tant capacities throughout her time in the or- confronted Nick, he said he desperately to represent this treasured institution in Con- wanted and welcomed help. Nick told them, ganization. She served as Director for the gress. I am proud to salute all the friends, ‘‘I have a serious drug problem and I can’t Technical Services Division, Federal Acquisi- supporters, and parishioners of Our Lady of control it.’’ tion Service (FAS), in the GSA Greater South- Mount Carmel, and I extend my sincerest ap- After a couple phone calls, Nick was placed west Region. In addition, she served as the preciation for their dedication to the commu- in a local 30-day treatment program in De- Acting Deputy Regional Administrator for the nity. cember 2013. Nick’s 30-day program consisted Greater Southwest Region. Mrs. Hernandez’s of detox and 12-Step-based therapy. Nick was Mr. Speaker, I ask my colleagues to join me a good student; he learned about his disease, experience eventually led her to be appointed in celebrating the remarkable history and ex- engaged in discussions with counselors and as the Acting Regional Administrator for the traordinary work of the Parish of Our Lady of other residents, and helped others who were GSA’s Greater Southwest Region, through Mount Carmel on its 175th anniversary. also struggling with their addiction. which she oversaw all of GSA’s activities in During this time, his family explored more Arkansas, Louisiana, New Mexico, Oklahoma f extensive treatment and recovery programs. and Texas as the Regional Administrator. Mrs. They wanted to provide Nick with the best Hernandez’s success with GSA earned her TRIBUTE TO THE DES MOINES possible education and clean living environ- AREA RELIGIOUS COUNCIL FOOD ment to help him turn his life around. Nick the prestigious FAS Commissioner’s Award. Mrs. Hernandez will now get to spend more PANTRY NETWORK IN THE SEC- agreed to participate in a 90-day inpatient OND SESSION OF THE 114TH CON- private pay recovery house and was trans- time with what she values most: her family, ported to the facility upon completion of the which includes her husband of 38 years, their GRESS 30-day program. children, Claudia Hernandez and Eloy Her- Nick also worked hard in the 90-day inpa- nandez, and grandchildren. HON. DAVID YOUNG tient program and was praised again by Mr. Speaker, I am pleased to recognize the OF IOWA counselors. Eventually, he was given some increased responsibilities that involved service of Mrs. Sylvia L. Hernandez whose IN THE HOUSE OF REPRESENTATIVES speaking with and engaging other residents. dedication to work and family serves as a Thursday, December 8, 2016 He was given the opportunity to speak at an- model for us all. other facility and had been selected as an f Mr. YOUNG of Iowa. Mr. Speaker, I rise interview candidate by CNBC for a segment today to recognize the Des Moines Area Reli- they were developing on opioid addiction and IN RECOGNITION OF OUR LADY OF gious Council (DMARC) Food Pantry Network recovery houses. His family was encouraged MOUNT CARMEL for their 40 years of service to the food inse- by his progress.When the day finally came cure citizens of central Iowa. for Nick to return home, he was welcomed with open arms. HON. CAROLYN B. MALONEY DMARC was founded in 1952 to assist the After being home for just three weeks and OF NEW YORK spiritual needs of the community and to pro- one day, Nick’s disease fooled him into IN THE HOUSE OF REPRESENTATIVES mote moral, social and civic welfare to our fel- using—‘‘just one more time.’’ Thinking they low man and woman. In May 1976, DMARC can use just once, or on occasion, without Thursday, December 8, 2016 officials established the Food Pantry Network, having the same physical reaction as they Mrs. CAROLYN B. MALONEY of New York. an emergency food program to help provide did before is common problem for people Mr. Speaker, I rise to recognize The Parish of services to those in need. In the 40 years with a substance abuse disorder. This warped misconception, accompanied by a completely Our Lady of Mount Carmel on the occasion of since its creation, it has become the largest clean body, often leads to overdose or death. its 175th anniversary. I am pleased to recog- food pantry network in Iowa, with 11 sites in The body physically cannot tolerate the nize their continued dedication to maintaining the Des Moines metropolitan area, including same dosage the person was taking to get one of the oldest parishes in Queens and all some sites in the Des Moines Independent high before getting clean. of Long Island. School District, helping to feed 34,000 people

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.151 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1689 annually. The Food Pantry Network is com- (CHINS) action was filed and my mother was ferred to the Marblehead police department prised of 128 member congregations rep- told that because she couldn’t control her who took her information and told her told resenting a variety of faiths. These willing vol- kids they should be placed elsewhere. John’s she would get a call back. A minute later, sister was almost 15 and ended up living in Detective Brendan Finnegan called John’s unteers provide the much needed food and three different foster homes. John, who was sister and said six words that haunts her service hours. In addition to its faithful volun- only twelve, was placed in Juvenile Deten- daily: ‘‘I am sorry for your loss.’’ John’s sis- teers, the Food Pantry Network also benefits tion Centers around Boston. John quickly ter fell to the floor and couldn’t speak. Her from the very generous donations and assist- learned how to manipulate the system; if he 7 year old son was still awake. He shut off ance of individuals, businesses, and non- got tired of being there or afraid of a par- the oven, grabbed two pot holders and ever member congregations. ticular social situation, he would act out— so carefully took the banana bread out of the Mr. Speaker, I commend The Des Moines say he heard voices or was suicidal—and oven. He placed it on top of the stove and sat they would transfer him to a mental hospital Area Religious Council Food Pantry Network down next to her on the floor, holding my and put him on medication. The swing be- hand. on their 40 years of service to food insecure tween hospital and detention center went on John’s sister misses her brother every sin- citizens of Central Iowa. Their vital assistance for about five years. gle day. On some days she is angry, on others over the last 40 years has given families the When John returned home, little by little she is sad. John’s mother is forever broken. certainty they need as they struggle to provide his family learned what had happened during John’s middle nephew lost his dad the same themselves and their children with a warm his time away. John got in fights that were way three years before ‘‘Uncle Johnny’s’’ meal in the comfort of their own home. I ask so severe that he had to have various MRI’s death. When the nephew found out, he that my colleagues in the United States House to ensure that he didn’t have a brain injury. punched a hole in the bathroom wall, sobbed He was abused by the staff. He was treated of Representatives join me in congratulating uncontrollably, swore, kicked the trash bar- like a guinea pig at the mental hospital and rel until it broke and when he was exhausted the Food Pantry Network on this outstanding put on a variety of powerful medications. just cried in his mother’s arms. accomplishment and in wishing them nothing John’s experience changed him forever. He John’s family has used this awful experi- but continued success. came back furious, distrustful, and reliant ence to help teach and educate others about f upon substances for emotional relief. how serious this problem is. Their family Despite being very bright, John never re- will never be OK. Losing a loved one has RECOGNIZING FAMILIES AF- ceived his GED and had trouble getting been the hardest thing John’s family has FECTED BY THE NATIONAL work. He could fix any vehicle or cell phone. ever experienced. John was 33 years old when OPIOID EPIDEMIC He could build with wood but preferred intri- he passed away on January 29, 2016. cate projects that focused on small detail JOHN M. PERKINS, JR.—NEWARK, DELAWARE with a lot of parts. His sister thinks that’s HON. ANN M. KUSTER what John’s mind felt like—a mix of gears, John’s mother was thrilled when her first child was a boy. She named him John after OF NEW HAMPSHIRE buttons, wires, sensors, nuts & bolts con- his father and grandfather. He was an ador- IN THE HOUSE OF REPRESENTATIVES stantly being reassembled. He was also a talented artist. able, active baby who climbed out of his crib Thursday, December 8, 2016 John found peace while camping in the early and managed to get into everything. That amazing store of energy never left him; Ms. KUSTER. Mr. Speaker, it is my honor to White Mountains in Lincoln, NH. He also found peace alone in his apartment with her- John always pushed to do a little bit better, include in the RECORD today the personal sto- oin. His sister tried everything she could to run faster, jump higher. He did well in school ries of families from across the country that help him get better. At one point in time, and was the life of the party. have been affected by the opioid and heroin when John was being treated with suboxone, When John got to college, a series of epidemic. In the U.S. we lose 129 lives per his sister would drive 40 minutes to pick him stressful events lead him to begin experi- day to opioid and heroin overdose. In my up and take him to all of his doctor appoint- menting with drugs with friends at ‘‘pill par- home state of New Hampshire I have learned ments. Sometimes John’s girlfriend came ties’’ (various kinds of drugs are tossed into along and when she did she always sat up a bowl and taken at random). He began using so many heartbreaking stories of great people opiate pain relievers like Percocet and and families who have suffered from the ef- front and answered questions that were directed towards John. When John’s sister Oxycontin. fects of substance use disorder. asked him why he sat in the back, he said, John and his mother had a close relation- Earlier this year, my colleagues and I were ‘‘Heidi, I just didn’t want you to see me this ship and she was shocked when she found out joined by many of these courageous families way.’’ that he was addicted to drugs. ‘‘He was who came to Washington to share their stories John made some attempts to get better. smart and had his whole life ahead of him,’’ with Members of Congress and push for ac- Once he tried to check himself into detox but she said. ‘‘I couldn’t believe this was hap- tion that will prevent overdoses and save lives. was turned away because he didn’t test posi- pening to us. I felt scared and alone.’’ Liz spent every waking minute trying to get him Since then, we passed both the Comprehen- tive for heroin. This meant John was injecting pure fentanyl. John and his girlfriend help and educating herself about the disease sive Addiction and Recovery Act and the 21st tried to detox together by coming to stay of addiction. Century Cures Act to provide much needed with his sister and her boys after Christmas During a period of sobriety, John came funding and critical policy changes to fight this 2015. She left after one day, but John stayed home one night upset because someone had epidemic. for 11 days. John wasn’t too sick. His sister hit his parked car. His mother tried to calm The advocacy of these families truly is so bought him an assortment of comfort medi- him down, but he was inconsolable and went important to leading to change in Washington cations and looked up a slew of at-home straight to his room. When his mother heard and I am proud to preserve their stories. detox ideas. They went tanning. John got a his car pulling out of the driveway minutes haircut. John’s sister did his laundry and later, her stomach sank. The next morning JOHN RICHARD PAGE—GLOUCESTER, bought him a new outfit. Over the course of John said, ‘‘Mom, I fucked up again.’’ De- MASSACHUSETTS those days, John apologized often and spent spite being furious and terrified, his mother John Richard Page was a blond-haired, a lot of time hanging out with his nephews. held him and told him that she loved him blue-eyed boy who loved playing in the John’s sister took tons of pictures during his and that he would have to fight addiction for woods and catching any critter that crossed stay—she was running on hope. the rest of his life. She was right there with his path. He was a ball of energy: curious, During that time, John found out that his him. adventurous and fast! The kids in the neigh- girlfriend of 21⁄2 years didn’t leave just be- A few days later, John’s mother got a call borhood called him ‘‘Scrawny Johnny,’’ because she wasn’t ready to get better, but also from John’s girlfriend who was in hysterics. cause by the day’s end he’d burnt off every because she was seeing someone else—the fa- She had come home from work and found calorie consumed—and some. He could be ther of his youngest nephew. John was dev- John unconscious on the bathroom floor. She reckless, too. One time he bolted across the astated, although he wouldn’t admit it. His called 911 and an ambulance had taken him street without looking and got bumped by a sister took him to a court appointment and to the hospital. Liz and her husband rushed car. He landed under the bumper just inches then to a doctor’s appointment. After those to the ER but it was too late to say goodbye. from the tires. Another time John was stuck appointments, John wanted to go home. His John was on life support for 36 hours before in a tree hanging upside down from one boot. sister thought John’s decision was the wrong being pronounced dead on May 5, 2011. He As the teenage years rolled in, John start- decision but she couldn’t physically restrain was only 30 years old. ed to get in some trouble. It seemed like he him. When Liz lost John, her life lost all of its was always at the wrong place at the wrong John’s sister talked to him on the phone meaning but her other child and husband time. He tended to take things to the limit, the night John went home as well as the helped her to carry on. According to Liz, los- if he did something he did it all the way. next night. The following night, John made ing a child to a drug overdose is made all the John and his sister fought all of the time at plans to see his ex-girlfriend. John’s ex- more difficult because the sympathy that this point. girlfriend called John’s sister at midnight most parents receive after going through When John and his sister stopped showing but wasn’t making any sense. John’s sister such a loss is too often replaced with judge- up at school, a Child In Need of Services hung up and dialed 911, where she was trans- ment, accusations, and silence.

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.154 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1690 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016 After losing John, Liz realized she couldn’t with opioid addiction. He died from intoxica- James didn’t have any mental health or ju- keep quiet about her experience. In writing tion of heroin laced with fentanyl, just 18 venile delinquency issues in New York, but John’s obituary, his family was open about months after being prescribed opiates from when we moved to Emmaus he was intro- his struggles with addiction. Liz and her hus- his surgery. Josh was 37 years old. duced to marijuana by some older kids in band played a vital role in the passing of the JUSTIN MICHAEL PRATT—CHERRY, ILLINOIS town. At the age of 12, James became the Good Samaritan Law in Delaware and con- youngest person ever to be expelled from the Justin was his family’s youngest and only tinue to tell their story and fight to end the East Penn School District, where his mother son. He was a cute, blonde-haired boy who epidemic. By sharing their experience, they had once graduated with honors. He was could make you mad one minute and laugh hope to bring substance abuse into the public caught buying $5 worth of marijuana for a the next. ‘‘Buddy,’’ as he was known to consciousness. friend at school. friends and family, enjoyed fishing, That same year, James began attending an MARK ALLEN PERRIN—MIAMI, FLORIDA snowmobiling, boating, four-wheeling and outpatient drug and alcohol program and Mark Allen Perrin was born in Miami, bonfires. seeing a therapist, as well as a psychiatrist, Florida and was raised in Fort Lauderdale. On November 11, 2011, Justin died from a who diagnosed him with PTSD, depression, When he was born, Mark was a beautiful, heroin overdose. He was 26 years old when a bipolar disorder (triggered by his depression curly headed blonde baby boy, with hazel friend found him dead in his apartment. Jus- medication), anxiety and polysubstance de- green eyes. tin had struggled with addiction for over 10 pendence. He was repeatedly hospitalized Mark loved movies. He could tell you all of years. He never wanted to talk about how overnight for overdoses on various sub- the actors by name and could imitate their bad it was and distanced himself from his stances. In the fall of 2011, when James was voices and characters. Mark grew up to be- family when he was actively using. His 15, a sympathetic probation officer helped come quite a character himself. He had the mother believes he had an undiagnosed men- his mother strong-arm him into a treatment wit of Jim Carrey and Robin Williams com- tal illness, as he often struggled in school center, with the threat of lock-up if he didn’t bined. Mark was also a people person and and other structured environments. It was stay until his counselors felt he was ready to could draw anyone in; especially his friends due to this struggle that Justin began to self return home. who would always flock to him. medicate—it was his misguided attempt to This turned out to be a miracle. Within Mark aspired to be a dancer and he had the cope. four short months, James went from being moves for it as well. His mother would al- One of the saddest aspects about Justin’s immersed in drug culture to someone com- ways tell him he should be on stage, but addiction was how it eventually turned him mitted to recovery. He remained enthusiasti- rather as an actor because he could cry on into someone he never wanted to become and cally, happily sober until July 7, 2012, his cue, was a master manipulator, and he had whom others didn’t want to be around. His late father’s birthday, when James was the look for it—every girl would do a double family held onto the hope that Justin would struck in the foot by illegal fireworks that take when they crossed his path. defeat his demons someday and go on to live were being shot off at a pool party. The fire- On January 19, 2016, Mark died from an ac- a healthy and fulfilling life. On that fall day work blew up in his sneaker and caused 2nd cidental heroin overdose. He was just re- when he was found dead, that hope vanished and 3rd degree burns. In the ER, James told leased from jail five days prior after being and his family’s life changed forever. Justin the doctors that he had a substance abuse held for 44 days. Mark went into jail with is missed every minute of everyday! disorder and begged them not to use two oxycodone pills hidden in his boxers. MICHAEL RAGONE—CHARLOTTE, NORTH fentanyl, for fear of relapse. Despite this Upon his release he entered a sober house, CAROLINA warning, he was forced to take various pain and ingested those pills. His mother received medications and hypnotic agents while un- Michael Ragone struggled with heroin ad- a call on his first night at the sober house, dergoing medical treatment for his foot in- diction for over 10 years. He died on January telling her that she had to go pick Mark up jury. because he tested positive on his drug test. 17, 2016, of an accidental overdose in his Six weeks after finishing his prescribed The next morning she picked Mark up and hometown of Charlotte, NC, while visiting round of pain medications, James began to took him to the emergency room. from Phoenix Arizona. He was 30 years old. relapse into the abuse of illicit substances, Mark had to appear in court as a result. Michael loved fishing, football, poker, which triggered further arrests, hospitaliza- The judge ordered mandatory entry into a jokes, his girlfriend, family and friends. He tions, another week in treatment, which he drug treatment facility, or he would not be was hysterically funny—his sense of humor refused to stay, and in March of 2013, a syn- able to have a bail bond. Mark promised to was sarcastic and edgy. He used to sing songs thetic acid overdose that landed him in the go if his mother let him come home, take a in Italian that he had memorized. He could hospital with facial lacerations (from bang- shower, and spend $25 on snacks. Instead, he light up a room with his smile and big per- ing his head against a wall) and a broken col- spent $190 on drugs, without her knowledge. sonality. larbone (from a police officer wrestling him When his mother found out about his drug Michael was ashamed of his addiction and into an ambulance). purchase with her money, she said, ‘‘Mark, always thought he could beat it on his own. Miraculously, James did manage to get this is the last time you will steal from me.’’ One of his last texts to his mother was, sober again, but his will to fight was de- Well, it was the last time. ‘‘love u 2 Moms . . . Don’t let fear control pleted and he suffered repeated relapses until That night his mother felt Mark leaving you . . . I know how bad this sounds but I August 16th, when he and a fellow member of this earth. She called and called, to no an- promise I will not make you bury me. I’m Narcotics Anonymous smoked heroin on the swer. Mark was found at 3 p.m. the next going to outlive u.’’ back porch of his mother’s home while she day—face down and stiff in his mother’s He didn’t mean to leave his family. It was was asleep. When his mother went to wake bathroom. an accident. Again, he was lured by a cun- him up the next morning, he was gone—dead ning drug that destroys impulse control. JOSH POWELL—EAST HAVEN, CONNECTICUT in his bed. Less than six months later the Again, he was crushed under the shame and other young man died of a heroin overdose as Josh Powell was an amazing brother, stigma of being addicted. He used alone and well. His body was found on the bathroom uncle, son, and husband. He excelled at ev- died alone. floor of a local hotel. erything he did. In high school, Josh was an exceptional athlete and shined in both foot- JAMES ATTICUS JOHN-PAUL-GEORGE & RINGO JENNIFER REYNOLDS—SPENCER, INDIANA ball and basketball. He also showed great RALLS—EMMAUS, PENNSYLVANIA In January 2009, a Pinellas County Deputy passion for carpentry and became a master On August 17th, 2014, James Atticus John- showed up at Sharon Blair’s door and deliv- of the craft. Paul-George & Ringo Ralls, died alone in his ered the news that her daughter, Jennifer Josh’s struggles began when he first start- bedroom of a heroin overdose. On August Reynolds, had died of a drug overdose. Jen- ed experimenting with alcohol and mari- 16th, he was alive and making an 18 year nifer was a bright, fun, and loving individual. juana in high school. His experimentation old’s plans: to retake the driver’s permit test She enjoyed cheerleading, speed skating and continued through his twenties, but later he he had failed the week before, to get a job at softball. She was very creative and artistic. managed to straighten himself out. Josh the local tavern, and, to find an affordable Jennifer enjoyed staying current with fash- started his own construction company; music studio to record his rap demo. ion, hair, makeup and nails. She wanted to which became very successful. Josh was Kids in town called him ‘‘Yung G’’—short be a fashion designer and makeup artist. adored by all his customers and employees. for ‘Young Gun’ or ‘Young Ganja.’ His rep- Jennifer was a delightful sister, daughter, He would always go out of his way to help utation for extensive drug use was well- friend and mother to her only son, Trey. As anyone in need without any hesitation. earned and paid for with numerous Jennifer battled her Substance Use Disorder, Josh had to undergo surgery and he was overdoses, drug-related injuries and repeated her passion shifted and she desired to help prescribed opiates to help manage the pain. run-ins with the juvenile court system. others who were also struggling with the Soon after, his behavior began to change. James’ problems began when his father same disease. She felt it takes one who has Josh became secretive and dismissive—a was diagnosed with cancer and died just two experienced it, to really know what addic- complete stranger. months later in their home. James was only tion is all about and help people. Jennifer Opioids robbed Kelly of her beloved hus- 10 years old. Their father’s death blew the was very close to her mother and together, band. She watched Josh disappear into a Ralls family apart; James’ older step- they fought a gallant battle to get to the world of lies, theft, and desperation; things brothers scattered and James and his mother other side of her addiction. However, the day she didn’t think were possible. It broke her moved from New York to Emmaus, Pennsyl- of recovery never came. Sadly, Jennifer died heart. On July 18, 2015, Josh lost his battle vania. January 15, 2009 in Largo, Florida.

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00026 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.156 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1691 Fueled by the pain of her loss and anger found outside the steps of her apartment. At Mrs. Cortez was born in Laredo, Texas on over what she felt was a preventable death, first, the police told her mother that Jessica the 16th of February in 1956 to Teresa and Jennifer’s mother has spent the past seven died by suicide but the boyfriend was later Vicente Gutierrez. After graduating high school years working as a social justice advocate charged and convicted for murder by stran- and pushing the Jennifer Act, a bill named gulation and is now serving 25 years in jail. in 1974, she earned a Bachelor of Science in after her daughter, that would empower fam- Jessica’s mother is writing to show that Elementary Education from Texas A&M— ilies to help loved ones who are struggling not only drug overdoses are killing our chil- Kingsville and a Master of Science in Edu- with addiction. dren, but also the fallout of both drug use cational Administration from Texas A&M Inter- Jennifer Reynolds had been struggling and mental instability. Not only girlfriends national University. Her passion for learning with an addiction to prescription pills for or spouses, but the innocent children who led her to dedicate her life to teaching the chil- over a decade before her death. Over the can’t fend for themselves when their parents are so engulfed in their addiction. dren of Laredo through the Laredo Inde- course of that time, Sharon Blair sought the pendent School District, where she worked to state’s help and filed five different petitions It has been three years since Jessica’s under the Marchman Act, which allows for death and there isn’t a day that goes by that better students’ lives for over 35 years. the involuntary treatment of substance her mother doesn’t think of her. Many might Mrs. Cortez’s devotion to the school district abusers for three days. Only one of the peti- find this strange, but her mother does not led her to assume the role of principal at the tions was granted, and 72 hours wasn’t hate the person who took Jessica’s life, as he elementary, middle and high school levels. enough time to help her daughter: According is just as sick as Jessica was. They chose to She ended her career in education at Don to Sharon, ‘‘Jennifer was dying in front of be together and she knew what he was like, and chose to stay. A mentally healthy per- Jose Gallego Elementary School, a school me.’’ son would not put herself in that position. given its name to appreciate and honor the DOMENIC & VINCENT ROSA—SEABROOK, NEW This was not Jessica’s only bad romantic re- contributions of her very own grandfather. HAMPSHIRE lationship, they were all bad, and her addic- Throughout her life and career, Mrs. Cortez, Domenic and Vincent Rosa were the oldest tion drove her from one bad relationship to was always held in high regard because of her of six children. They were good sons, broth- another. unwavering belief in love and selflessness, as ers, cousins and friends. They both had big f hearts and were remarkably compassionate well as her steadfast leadership. Through a people. They did mixed martial arts, STEVE RAUKAR: TIRELESS combination of optimism and strong will, Mrs. skateboarded, cooked, played ice hockey for ADVOCATE FOR THE NORTHLAND Cortez worked hard to bring out the best in many years and taught skating clinics to everyone in her company. This extended to kids who adored them. They were decent stu- HON. RICHARD M. NOLAN her children as well, who have gone on to dents and most importantly, they were re- excel in the fields of education, medicine and OF MINNESOTA spectful. They both began battling with sub- law. She held herself to the highest of stand- IN THE HOUSE OF REPRESENTATIVES stance abuse at the age of 14. They would ards in both her professional and personal life, manage to be ‘‘good’’ for a while—trying to Thursday, December 8, 2016 manage their demons—before falling down and this was reflected in the way that she again. Both boys eventually lost the fight. Mr. NOLAN. Mr. Speaker, I rise today to interacted with those around her: treating ev- Their family considers themselves blessed recognize Steve Raukar of Kelly Lake, Min- eryone with the utmost kindness and respect. to have known Domenic and Vincent and are nesota for his 33 years of exceptional public Mrs. Cortez is survived by her parents, Te- grateful for their short stay with them. They service. Steve will be retiring from the St. resa and Vicente Gutierrez; siblings, Vicente both gave their family the guidance to help Louis County, Minnesota Board of County (Gloria) Gutierrez, Jr., Teresita Gutierrez, others. Commissioners this January, and having Margie Gutierrez, Javier (Elvira) Gutierrez and After losing his two eldest sons, Chucky worked with Steve on many projects in the Rosa vowed to make a difference through Nora (Ernesto) Meza; husband, Oscar Cortez; awareness and education. In an effort to Northland I want to wish him the very best in and children, Christine Alyson Cortez, James reach those who are suffering from addiction his much deserved retirement. In every one of Vincent Cortez, M.D., Leslie Ann Cortez and or trying to help a loved one, he visits Steve’s many roles he goes above and be- Oscar Cortez, Jr. Her legacy will remain schools and treatment centers to tell his yond to ensure residents of Northeastern Min- strong through the seeds of hope, wisdom and story and educate young audiences about the nesota receive the best possible services from endurance that she planted in those around dangers of substance abuse. If Chucky can St. Louis County. her. The mentoring and guidance that she pro- save at least one child by sharing his experi- Steve and I have worked together on many vided will persevere throughout the community ence of loss, strength and hope, it is all projects across St. Louis County, from an ex- she touched. Her passion for serving others worth it. pansion project at the Port of Duluth/Superior Domenic and Vincent were cremated and through her love of education will not be for- their family spread their ashes into the to Federal funding issues at the Arrowhead gotten, and her dedication to her work is a ocean. Now, Chucky wakes up each morning Economic Opportunity Agency, to the pro- model that all should strive to emulate. and takes a dip in the sea, regardless of the posed Northern Lights Express Minneapolis to Mr. Speaker, I am honored to have the op- weather. He starts his day with both of Duluth/Superior passenger rail line. He is a portunity to remember the legacy of Lupita them. tireless advocate for his constituents and Cortez. JESSICA MARY MILLER—GLENSHAW, throughout his career has improved the lives f PENNSYLVANIA of countless Minnesotans. Jessica Mary Miller died at the age of 31. Steve is retiring from the St. Louis County IN HONOR OF 100 YEARS OF ACTIV- Jessica struggled with addiction for 15 years Board of County Commissioners after serving ISM BY THE WOMEN’S CITY and was also afflicted with severe mental ill- 28 years on the board. Prior to that he served CLUB OF NEW YORK ness. on the Hibbing school board and on the staff Jessica died at the hands of her mentally of then Minnesota Lt. Governor Rudy Perpich. ill boyfriend. She had been in the relation- HON. CAROLYN B. MALONEY ship for only five months and thought she He is no stranger to hard work and even after OF NEW YORK retirement will continue to serve on several found the ‘‘love’’ of her life. Jessica had been IN THE HOUSE OF REPRESENTATIVES doing much better than she had been in the boards of other organizations in the region. past, and her mother was hopeful she may be I ask my colleagues in Congress to join me Thursday, December 8, 2016 ready to overcome her struggles with addic- in recognizing Commissioner Steve Raukar for Mrs. CAROLYN B. MALONEY of New York. tion. But like many women who battle addic- his career of dedicated service to residents of Mr. Speaker, I rise to pay tribute to the Wom- tion, she desired a partner who would make Northeastern Minnesota. en’s City Club of New York (WCCNY) in rec- her feel worthy and wanted. It didn’t matter f what they looked like, how old they were, or ognition of a century of activism. Committed to what they provided financially—she just COMMEMORATING THE LIFE OF giving women a voice, WCCNY has been a needed assurance from a romantic relation- MRS. LUPITA CORTEZ leading advocate for women’s rights and ship. equality. One night, after Jessica’s boyfriend’s un- In 1915, women in New York still could not employment check came in, they got into a HON. HENRY CUELLAR vote, but they took their citizenship very seri- OF TEXAS fight about how the money was going to be ously. After realizing that they would soon gain spent. Her mother only assumes this was the IN THE HOUSE OF REPRESENTATIVES the ballot, 100 suffragettes gathered in New main argument from the phone call she got Thursday, December 8, 2016 from Jessica that night. After they spoke on York City to found WCCNY as a place where the phone at approximately 10 PM, the police Mr. CUELLAR. Mr. Speaker, I rise today to they could learn about issues and influence were at Jessica’s mother’s door at 5 AM to commemorate the life of one of Laredo’s most public policy. These women wasted no time in tell her Jessica had been strangled and was passionate educators, Lupita Cortez. tackling the complex problems of their day,

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.157 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1692 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016 such as the abuse of women in sweatshops, so many heartbreaking stories of great people who lose their lives to this disease. Tony is intolerable tenement living conditions, and the and families who have suffered from the ef- not defined by his disease; he was so much lack of opportunities for many people in our fects of substance use disorder. more than that. He was a loving son, brother, nephew, grandson, cousin, and friend. He society. Earlier this year, my colleagues and I were joined by many of these courageous families cared more for others than he did himself. Many celebrated women joined the organi- There wasn’t anything he wouldn’t do to zation. Eleanor Roosevelt became a member who came to Washington to share their stories help his friends and family. when she was first lady of New York State with Members of Congress and push for ac- At the age of seven, his family noticed that and served as WCCNY’s legislative director. tion that will prevent overdoses and save lives. Tony was exhibiting some ‘‘red flag’’ behav- Frances Perkins, a NYC labor leader who later Since then, we passed both the Comprehen- iors. As the years went on Tony suffered became the first female cabinet member in the sive Addiction and Recovery Act and the 21st from terrible mood swings and bouts of history of the United States when she was ap- Century Cures Act to provide much needed anger. His family took him to see a child funding and critical policy changes to fight this psychiatrist when he was 12 because he was pointed as Franklin D Roosevelt’s Secretary of frequently depressed, angry, and suffering Labor. As Secretary of Labor, she helped cre- epidemic. The advocacy of these families truly is so from terrible insomnia. Tony was diagnosed ate Social Security, which kept millions of sen- with rapid cycling bipolar disorder; there- iors and disabled people out of poverty. Other important to leading to change in Washington fore, he was put on antidepressant medica- notable and highly respected members in- and I am proud to preserve their stories. tions and a mood stabilizer. At 13, we put cluded Alice Duer Miller, WCCNY’s first presi- TRAVIS CLAY ROSE—MARSHALL, VIRGINIA him in an intensive outpatient program for a dent; Ida Tarbell, legendary muckraking jour- Travis was the youngest of four children week. By this time Tony was frustrated with nalist; Virginia Gildersleeve, a WWII WAVES and a joy to all who met him, of which there the medications and their side effects and were many; he was a very outgoing person. began engaging in self injurious behavior. commander and Dean of Barnard College; From a young age he could always make his Tony’s family thought that he was taking Dorothy Schiff, president and publisher of the family laugh. his medication but discovered that he would New York Post; celebrated actress Helen While reflecting back on his life, it never hide his pills under the carpet in his room. Hayes; and nurse-midwife Ruth Watson Lubic, seemed to be an easy one. Travis always Instead of complying with taking his meds, who was the founder of the National Associa- seemed to have problems to overcome but for he opted to self-medicate with marijuana, tion of Childbearing Centers and winner of a the most part, he managed to deal with them and then alcohol. 1993 MacArthur ‘‘Genius Grant.’’ in a positive manner. Looking back over the By 20 years old, Tony had a full-blown ad- years, I realize that Travis was like so many Since its inception in 1915, WCCNY has ac- diction to alcohol. While trying to detox at others who have anxiety and depression home, he suffered grand mal seizures and was complished astounding feats for women in issues. He worked constantly to make those hospitalized for a week. Tony was hallu- New York City and set a precedent for future around him feel happy and comfortable while cinating and delusional for the first several generations of women’s rights activists. In the in the meantime he was struggling with his days of this hospitalization. In February of early days, suffragettes took on many issues own issues. Travis started medicating or ex- 2009, he made his first phone call to get on including a campaign to allow physicians to le- perimenting with drugs in his early teenage the waiting list at a treatment facility. He gally dispense birth control information in years. Unlike so many people who become was told the wait could be up to two weeks, addicted, he never had a problem with alco- but the next day they had a bed for him. 1917, opening the nation’s first free maternity hol but worked his way through the lineup of center in 1918, and ensuring the passage of After completing the 28 day program, Tony marijuana, pills, and then opioids. was back on his medications and had a great WCCNY’s draft of New York State’s first child If there is one thing his family would want outlook on life. He was committed to going people to remember about Travis, it would labor laws in the 1940s. More recently, the or- to AA meetings and living a sober life. This be his love for his family. He loved his moth- ganization has created videos that promote lasted for about two years. HIV/AIDS awareness among youth, worked to er, his brother, sisters, young nieces and After having dental surgery, Tony was pre- nephews. Regardless of his own struggles, improve campaign finance reform laws, advo- scribed Percocet and started to backslide. It Travis always took the time to guide them became apparent that he was using the pain cated for national health care reform, and had through all aspects of their lives—he cared medication more than was prescribed. His a major role in the NYC Charter Revision. deeply. Continuing to make a difference in New His family was so hopeful about Travis path to intravenous heroin started with abusing prescription opioids and Xanax. Yorkers’ lives is at the heart of WCCNY’s beating his addiction and moving on with his life. He was in jail for a probation violation Tony’s life started spiraling out of control work. To ensure that government fairly and ef- from his heroin use. fectively serves all of the city’s residents, for about six months and then moved in with his sister for three months. His family be- On July 2, 2014, after a self-injurious inci- WCCNY undertakes a rigorous process of lieves Travis was clean for those nine dent and having a 72 hour psychiatric hold identifying and analyzing major issues facing months but unfortunately, after getting out put on him, Tony once again made the call the city and state. Having reached its centen- of jail he had no health insurance, and he to get on the waiting list for treatment. The nial year, citizen participation remains the or- stopped taking medication for depression next day he entered his second treatment ganization’s primary focus, along with the con- and anxiety. program, but this time for his opioid addiction. Tony completed another 28 day pro- tinuation of its game-changing advocacy on Travis was making changes in his life and posting publicly about them. He talked gram, and afterwards opted to go into sober issues that most impact New Yorkers. living—to be away from the triggers in his Mr. Speaker, I ask my colleagues to join me about his desire to start a family and own a business of his own someday. He was one of hometown. After six weeks of living there, in honoring the Women’s City Club of New the first people in our area to become a cer- Tony was kicked out. He decided it would be York for a century of civic achievements and tified tree worker from the International So- best to stay in that town and moved into his in celebrating its current and past members for ciety of Arboriculture. He took pride in his own apartment. Two weeks later Tony lost their perseverance and advocacy in the fight job and was very good at it. Finally he his job and was in a full-blown alcohol and to end injustice and ensure equality for seemed to be focusing on his own life. But it intravenous heroin relapse. On October 13, 2014, Tony left for his third women. took just once. On May 12, 2015, Travis gave into temptation and it took his life. and final stint in treatment. This time he f That Easter, Travis bought his mother a was in treatment for 40 days and returned RECOGNIZING FAMILIES AF- beautiful pink dogwood tree. On Mother’s home November 13th. 48 hours later, on No- vember 15th, Tony died of an overdose from FECTED BY THE NATIONAL Day, two days before he died, Travis gave his mother a yellow knockout rose bush. They heroin laced with fentanyl. He was 25 years OPIOID EPIDEMIC are both planted in the memorial garden old. that his mother made in Travis’ honor. They BOBBY SATRE—JEFFERSONTON, VIRGINIA HON. ANN M. KUSTER grow alongside other plants, stones, and fea- Bobby Satre died of a heroin overdose on OF NEW HAMPSHIRE tures. His mother couldn’t spend Christmas April 18, 2015, after a 13-year struggle with with Travis this year, so she put a solar pow- IN THE HOUSE OF REPRESENTATIVES addiction. He was 31 years old. His addiction ered tree on his memorial spot. It was the to heroin did not start with prescription Thursday, December 8, 2016 closest she could get to him. medication use as it does for so many, but Losing Travis has left a huge hole in his emerged after years of experimenting with Ms. KUSTER. Mr. Speaker, it is my honor to mother’s world, but she knows his death has include in the RECORD today the personal sto- various drugs. helped others to live and he will always re- Even as a young boy, Bobby was curious ries of families from across the country that main in their hearts. He would be proud of about so many things. His family first real- have been affected by the opioid and heroin the progress that has been made. ized he was using drugs at the end of his sen- epidemic. In the U.S. we lose 129 lives per TONY SABAT—CLEVELAND, OHIO ior year of high school, when they found a day to opioid and heroin overdose. In my Tony Sabat lost his battle with substance marijuana pipe—he denied that it was his. A home state of New Hampshire I have learned use disorder and is now one of the #129aDay few months after that incident, Bobby left to

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00028 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.160 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1693 attend James Madison University, his top was leaving his high school sweetheart be- her doctor’s appointment the next day. choice school. During college he got into hind. Within six weeks of beginning college, Candace’s mother told her she was not able Crystal Meth. He called his family one day in heroin entered Emmett’s life. Within eight- to and ending up arguing. Candace ended up tears saying he had been up for days and that een short months, heroin stole Emmett from finding a way to the doctors, where she was he needed help. They were in shock and his family. During those long months, prescribed more pain medication and Xanax. eager to get Bobby home. Bobby then at- Emmett’s mother did everything in her She texted her mother that evening, but she tended a 30-day treatment center and his power to help him, and if love alone could was being stubborn and was going to let her family were hopeful that this would mark have saved him—Emmett would still be here. stew for a bit. It was the day before Thanks- the end of his drug use. Unfortunately, in the early stages of his giving and thought she would just make-up Although, Bobby attempted to return to struggle with addiction, Emmett’s mother with Candace when they were together. But his studies at RAU, he never completed his was unaware of the trips he took to the hos- that day never came. degree there. Instead, he attended a commu- pital due to overdoses—HIPAA laws pre- Her mother received a call around 3 a.m. nity college where he completed an associ- vented her from accessing that information Thanksgiving morning that Candace had ate’s degree and graduated with honors. because he was eighteen. As Emmett’s dis- passed away that night from an overdose. While back at home Bobby worked in res- ease progressed, adequate treatment pro- The autopsy confirmed that Candace had taurants and other random jobs to pay the grams were cost prohibitive (upwards of taken a lethal dose of both her medications. bills. It was during this time that he got in- $30,000 out of pocket) and nothing beyond a 5- Apparently she had started to overdose the volved in heroin. Over the next several years, day detox program was considered ‘‘medi- previous day, falling out of her wheelchair. Bobby was arrested several times for heroin cally necessary.’’ Outpatient day programs, The people Candace was with kept putting possession, and overdosed several times. On private counseling, even the monthly her back to bed, instead of calling 911; they many of these occasions he agreed to wear a Vivitrol shot were no match for this disease. were afraid of getting Candace’s medications wire while going out on buys in order to re- Since losing her son in April, Emmett’s taken away. The girl Candace was living duce his charges. Our family was in private mother has been very open about the cir- with overdosed just two days later on the agony—we couldn’t believe that we had a cumstances leading up to his death—about same medication that Candace had. child who would go so far as to put a needle his struggle with Substance Use Disorder Candance’s family’s lives changed forever in his arm. and specifically with heroin. This disease is that Thanksgiving morning in 2013. During an annual weekend trip to Green not something to be ashamed of or hidden. CODY, SHUMWAY—HEMET, CALIFORNIA Bay, WI, for an NFL game, Bobby’s family Substance Use Disorder is a disease that has Cody was his mother’s first born son. He received a call saying that Bobby had to be brought out into the light and ad- was a loving, caring, brilliant, gifted and overdosed and was in bad shape. Bobby was dressed. We are losing loved ones every day funny individual. He was a joy to be around placed in the ICU and was barely hanging on; to this horrible epidemic. Emmett’s mother and had many friends. Cody began experi- it took him several days to stabilize. After- has vowed not to let her son’s death be in menting with drugs and alcohol at the age of wards Bobby was admitted to another treat- vain. She is working to stop the stigma, pro- 14 and very quickly we realized that he had ment program. Again, his family were con- mote awareness, promote education, pro- a serious problem. After two stints in treat- fident that once he completed the program mote early intervention and promote preven- ment during his junior year of high school, he would be on the fast track to recovery. tion as well as lobby for access to treatment Cody stayed off of hard drugs for 15 years. When Bobby got out he was attending NA for all suffering from this disease. She al- Cody was a musical and math genius and meetings and working the program. He land- ways told Emmett that he was her sunshine. after college he moved to Hawaii to become ed a very good sales job with a packaging Emmett’s mother will continue to shine that a high school math teacher. He was living firm in Maryland and moved into a condo a light into the lives of others in his honor. his dream of surfing big waves and working few years later. He also had a very special CANDACE BROOKE SHELTON—WISE, VIRGINIA a job that he loved. His students loved him woman in his life with whom he’d been Candace was such a special child. She was as well. friends with for several years. They began to a pleaser; she loved to make people happy Cody got injured surfing and was pre- discuss marriage. His sales numbers at work and feel good. She made friends easily and scribed Vicodin. After 15 years sober from increased as the months went by. Finally, people loved to be around her. However, hard drugs, Cody fell back into his disease of everything seemed to be going right. Candace did keep a lot inside too and would addiction almost immediately. He finally Bobby died alone in his condo after a night hide her pain in many different ways. When agreed to go to treatment and while he was out celebrating a friend’s birthday. His she was going through adolescence, she there he helped many others with their friends asked him to stay over but he wanted began to eat to cover the pain she felt. She issues. He was such a likeable guy that peo- to go home. Those 13 years when he was bat- struggled a lot with insecurities. ple enjoyed his company no matter where he tling addiction were a living hell for his en- In her early twenties, Candace was dealing was. After 10 months of hard-won sobriety, tire family. They didn’t think that anyone with identity issues and decided to confirm Cody lost his battle to the disease of addic- else could possibly understand and they what her family already knew—she was gay. tion on July 26, 2012, just two days after feared being judged by both friends and fam- Candace never wanted to disappoint anyone completing his Master’s Degree. He died of ily. and felt like she was letting people down. an overdose of heroin and alcohol. Bobby told his family how much he hated This led to a lot of wrong decisions including CALEB SMYTHIA—LOUDON, TENNESSEE heroin and what power it had over him. He drinking, doing drugs, and texting and driv- said it invaded his dreams—that he thought Caleb Smythia, oldest of four, was his ing one night which led to a near fatal car about it every single day. The only comfort mother’s biggest fan and the idol of his accident. She had flipped her vehicle several I can find while dealing with this grief is the brother and two sisters. Caleb was a great times and was in critical condition with lots knowledge that he is free from his struggles cook, loved all kinds of music and had a pas- of internal injuries. They had to amputate with heroin and finally at peace. sion for playing the guitar. Music became so her left leg and she was in a coma for almost much a part of Caleb’s life because he found EMMETT J. SCANNELL—MANSFIELD, two months. it to be therapeutic. MASSACHUSETTS Finally it happened, defying all odds— Caleb’s struggles began at age 16. He went On April 20, 2016 Emmett J. Scannell lost Candace awoke. The nurses called her their through many rough patches and began his battle to Substance Use Disorder and ‘‘miracle girl.’’ But then Candace had to abusing methamphetamine. When objects died of a heroin overdose. He was 20 years come to the reality that her life had changed and money kept missing at home, his mother old. Emmett was the average American teen; dramatically; she could no longer walk. She filed an unruly charge against him and Caleb he loved video games and BMX biking. He struggled with trying to adjust to a different became a child of the state. He spent over a was a caring, funny, smart young man with way of life. She tried a prosthetic leg, but year and a half in three different foster the potential for greatness. Emmett was the due to the injuries in her right leg, she never homes and one group home. Unfortunately, adored older brother to Zachary (age 18) and really gained use of it. Candace left the hos- Caleb was never placed in a treatment facil- Alice (age 9). He had a smile and charm that pital on lots of medication, including mor- ity, even though he relapsed and tested posi- could light up a room—but heroin stole that phine and Fentanyl patches. She was weaned tive for five different drugs in his system. from him. As teenagers often do, Emmett ex- off those drugs, but it was the beginning of When Caleb eventually went home, he perimented with marijuana in high school, the addiction that would eventually end her seemed to have his life back on track. After but after a bad experience with a synthetic life. graduating high school, Caleb had hopes of substance referred to as ‘‘spice’’ or ‘‘K2,’’ he Candace continued with pain medications, going to culinary school. However, within entered recovery and was sober for his Jun- but at this time she was prescribed days after graduating, Caleb returned to his ior and Senior year of high school. Emmett Oxycodone, and later Xanax for anxiety. old friends who were abusing methamphet- went on to graduate from Bridgewater- Afterwards, she had moved in with a person amine and pills. Raynham Regional High School in May of she had met on Facebook and they were in a Eventually, problems with Caleb were so 2014 as a National Honor Society scholar relationship. It wasn’t the best situation for bad that his mother told him he was no with a 4.27 GPA. Candace because this person was abusing longer welcome in her home. One late night In September of 2014, Emmett went to substances; adding fuel to the flame. in the pouring rain, Caleb knocked on the Worcester State University to study Com- Candace sent her mother a text on a Mon- door. His mother told Caleb she would take puter Science. His biggest worry at the time day night, asking if she could drive her to him to the ER or to a treatment facility but

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00029 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.162 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1694 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016 he couldn’t come into the house. Even dreamt he would. His death was a crushing around 12:30 p.m., she opened the door and though Caleb was at such a low point and blow to our whole family. found Mike. begged for help, the ER turned him away. THOMAS ‘‘TOMMY’’ SOWELL—JANE LEW, WEST Mike had relapsed after being 9 months Another night Caleb arrived at his moth- VIRGINIA clean. Theresa had no idea that he had been er’s door bloodied and broken. Caleb had Tommy was born June 11, 1991, and passed using. He overdosed some time between 9:17 been beaten and tortured for two hours by away on February 13, 2016, from an acci- and 10:30 that morning, on April 22, 2016. He eight members of the local college baseball dental overdose of heroin laced with was 33 years old. team. One of the players had given Caleb $35 fentanyl. Tommy’s addiction likely began and asked him to get Percocet. Caleb was so when he was prescribed oxycodone after un- f deep in his addiction that he kept the money dergoing surgery for a hernia during 9th in order to get a fix. To retaliate, the team grade. TRIBUTE TO JAYNE ARMSTRONG forced a mutual friend to trick Caleb into Tommy was his parents’ youngest child— another drug deal. When Caleb went to meet he was a good son, person, and brought joy to HON. DAVID YOUNG the friend, he was abducted, thrown in the all of our lives Tommy loved his family and OF IOWA back of a truck, and held down by his throat. tried hard to overcome his struggles with ad- The baseball team drove Caleb to a field diction. He was sweet and sensitive, respect- IN THE HOUSE OF REPRESENTATIVES where he was kicked and stomped while ful and loving. He was physically strong yet Thursday, December 8, 2016 curled in a fetal position. Caleb begged for tender-hearted and could be fiercely funny, his life and promised to pay them $50 if they witty and ornery—all at the same time. Mr. YOUNG of Iowa. Mr. Speaker, I rise let him go. The next day, two of the boys Tommy always made his family laugh with today to recognize and congratulate Jayne came to Caleb’s mother’s house to get the his spot-on impressions and general goofi- Armstrong of West Des Moines, Iowa, for money. One of them was holding the same ness. His smile could light up a room and his being named the Iowa Advocate of the Year baseball bat they had used to break Caleb’s grin would melt anyone’s heart. Tommy was by the Iowa Chapter of the National Associa- knee the night before. Three of the eight always able to conquer anything he set out boys were charged and convicted of felony tion of Women Business Owners. to do, except his battle with addiction. His Each year, the Iowa Chapter of the National assault for which they received 10 years pro- family knows that given the time Tommy bation. Caleb refused to testify against his would have been able to beat it. Association of Women Business Owners rec- attackers in court because he felt like he de- ognizes women who have greatly contributed MICHAEL ‘‘MIKE’’ JAMES TURNER—NORWALK, served the beating. CONNECTICUT to the business landscape in the state. Jayne, Caleb’s family soon moved and everything So many people think ‘‘drunk’’ or ‘‘junkie’’ as District Director of the Small Business Ad- seemed to be well again. However, Caleb’s ministration in Iowa, advocates for small busi- mother worked two jobs and didn’t know when they see someone suffering from addic- that Caleb was getting into his grand- tion. What they can’t see is a person that is nesses as they seek financing, developmental mother’s pain pills. Caleb went to live 200 stuck in a body they can no longer control. training and counseling to help develop and miles away with his father. Unfortunately, Mike Turner suffered from addiction. He grow. With more women owning small busi- Caleb wasn’t kept safe—his father also had a was also type 1 diabetic and had a chiari nesses, Jayne is front and center, guiding substance abuse disorder. Caleb overdosed malformation in his brain. He had a long his- them through the difficult process of starting and died on Christmas morning of 2015, after tory of alcohol and drug abuse and in the end, it was heroin that took him. Those were their own business. It is because of Iowans being sold black market pills that contained like Jayne I’m proud to represent our great fentanyl. Mike’s labels, but that is not who Mike was—the man he was, was an affectionate, state. RYAN JOSEPH SOUDER—LINWOOD, NEW JERSEY exciting and hilarious dad, boyfriend, son, Mr. Speaker, I commend Jayne for her com- Ryan Souder died in October of 2012 to a brother, and uncle. He had integrity, he was mitment to small business owners throughout heroin overdose. In September, Ryan was at honest, and charitable. Mike participated in the third district. Her tireless work in advocacy his lowest; he was homeless and couldn’t get Chiari Malformation Cancer, Autism and Ad- a job so he just walked around all day. He on their behalf is crucial in helping Iowa’s diction events. He planned on going back to economy thrive. I ask that my colleagues in asked his mother for help and, like so many school to become an addiction counselor. times before, she called every place that she Mike acknowledged his issues and fought the United States House of Representatives could think of but there were no beds avail- to better himself in the best way he knew join me in congratulating Jayne and in wishing able. She took him to the emergency room how. Mike even went through a parenting her nothing but continued success. and the doctor wasn’t very helpful. He said course to try to be a better dad. He loved his that if Ryan wanted to get sober, he would kiddos—Mike Jr. and Amber—more than f have to do it on his own. The doctor gave anything. He was all about his family and them some medication to help with the with- looked forward to weekly Sunday dinners at HONORING STEVEN M. drawals and Ryan and his mother sat in a his mom’s house. CIBOROWSKI OF PENNSYLVANIA hotel room together for almost a week while Mike was a funny guy—pretty clumsy and he detoxed. The doctor said to watch him. always getting into mischief. He was so posi- Many times over the course of that week tive and encouraged everyone around him in HON. SCOTT PERRY Ryan’s mother stood over him while he slept, their pursuits. Everyone who knew the real OF PENNSYLVANIA just to make sure he was still breathing. Mike loved him. IN THE HOUSE OF REPRESENTATIVES Days later, she was finally able to get a bed Mike had his demons, however, and he for Ryan and they drove to the treatment knew that overcoming his addiction was the Thursday, December 8, 2016 center. most important thing. As long as he was Mr. PERRY. Mr. Speaker, today I honor my Ten days into detox Ryan called and using he was useless to his kids, his family, constituent, Steven M. Ciborowski, on his re- begged his mother to come get him. She told and his job. Mike knew the hurt his addic- tirement after more than 35 years of civilian him that he needed to stay and get better. tion caused others and that destroyed him. The director of the treatment center called It devastated his family to witness his hurt service with the United States Army. her a few hours later to say that Ryan had and share his pain. Mike tried detoxing and Mr. Ciborowski served as an engineering called one of his friends instead. The man treatment numerous times. He was part of a technician with the U.S. Army Edgewood was on his way to pick Ryan up. group called the SNAKES—Soldiers Needing Chemical Biological Center (ECBC) and was a Within a month Ryan died alone in that Accountability Keeping Each Other Sober in crucial player in support of force protection ac- ‘‘friend’s’’ guest room. Ryan had just turned Christ. In April 2016, he graduated from a tivities for ECBC’s Critical Lab Infrastructure. 21. program with 9 months clean. He served as the focal point for fire and safety Ryan was adored by everyone that knew On April 22, 2016, just three weeks after his coordination for various critical security inspec- him; he was funny, handsome, smart, com- graduation, Mike was living with his passionate, and athletic. Ryan was a son, girlfriend, Theresa, again. He woke up with a tions and greatly contributed to the success of brother, best friend, nephew, and grandson. start that morning and said he had low blood those programs. He loved his family very much and was al- sugar. By 8:30 a.m., his sugar was up and he Mr. Ciborowski’s dedication and profes- ways asking after everyone, he even called said he was feeling much better. sionalism touched the lives of many people from jail and while he was living on the Mike’s last message to Theresa was at 9:17 and helped the ECBC fulfill its mission to be streets. AM: ‘‘no worries im alive :cP.’’ Theresa the Nation’s premier provider of innovative Ryan dropped out of high school during his called him after her meeting around 10:30. He chemical and biological solutions. junior year in high school and never got the didn’t answer so she called again . . . still no chance to walk at graduation or get his di- answer. She kept trying. Theresa had an- On behalf of Pennsylvania’s Fourth Con- ploma. He didn’t go to prom. Ryan never got other meeting that ended around 11:45. She gressional District, I commend and congratu- a driver’s license. He will never watch either tried calling again and there was still no an- late Steven M. Ciborowski upon his retirement of his sisters get married. Ryan will never do swer. Fearful that his sugar had dropped too after more than 35 years of service to the any of the things that his mother, always low, she ran home. When Theresa got home United States of America.

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00030 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.163 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1695 IN RECOGNITION OF LEWISVILLE JONATHAN SPARKS—LEXINGTON, KENTUCKY Nicky was the oldest of his two brothers. ISD’S MARCHING BANDS Jonathan was a sweet young man who The Toth family was blessed with two more started off on a rocky note when he was diag- sons, Jackson and Harrison. Life was perfect. nosed with Neuroblastoma cancer at the age They were all raised in a beautiful mountain HON. MICHAEL C. BURGESS of four. He battled this for a year and a half, town. We volunteered tirelessly in our com- OF TEXAS which involved invasive treatments such as a munity. As parents, the Toths didn’t just go IN THE HOUSE OF REPRESENTATIVES stem cell transplant. His prognosis was very to every sporting event their boys had, they Thursday, December 8, 2016 grim, but thanks be to God he made it and coached them. You name it and they did it entered Kindergarten right before his 6th for their boys. They ate organic foods and Mr. BURGESS. Mr. Speaker, I rise today to birthday. planted their own gardens. Life was effort- congratulate the Flower Mound, Marcus, and It took a long time for Jonathan’s stamina less and delightful. Hebron High School bands for their note- to improve after undergoing such intensive All of this changed one awful night when worthy success at the 2016 UIL Class 6A treatment and as a result, he was bullied as Nicky was in 6th grade and sexually violated Marching Band Contest. These Lewisville ISD a child. He just couldn’t keep up with the by one of his peers. After that he was never bands achieved the first, second and third other kids during activities. This made him the same. That same boy went on to bully place honors, setting a first-time UIL record for compassionate towards others who were less Nicky and the school district did nothing. The Toth family received no community or a single school district to win the top three fortunate than he was, and he would take up for these people or help them in any way he school support. They felt abandoned but spots in the largest classification. Their out- could. Jonathan was always a people person. Nicky felt it the most. Following that year, standing performances were made possible He would and could strike up a conversation the Toths decided as a family to move back through the talents, perseverance and hard with anyone; he felt just as comfortable east to New Jersey in order to be closer to work of the band students under the incredible talking to a politician as he did a homeless friends and family where they felt they could leadership of Brent Biskup at Flower Mound, man. get the most support, and more importantly, Andy Sealey at Hebron, and Amanda During his teenage years Jonathan felt left save their Nicholas. out and like he didn’t fit in with his peers. Unfortunately, that one awful night Drinkwater at Marcus. shaped Nicky’s teenage path. He didn’t talk The Flower Mound High School band won He struggled with academics due to what he had been exposed to during the cancer treat- about it; he wouldn’t and couldn’t. Instead, the state marching contest for the first time in ments. He was forced out of private school Nicky started self-medicating—beginning the school’s history as well as secured its sec- because of this learning disability. He went with alcohol and marijuana. From there he ond consecutive top spot at the Bands of to public school his junior year, and in try- moved to Xanax that he got from other par- America Super Regional competition four days ing to fit in he fell in with a crowd he should ents’ medicine cabinets. Then, Nicky discov- earlier. Their rise to victory is no doubt due to have stayed away from. As soon as he turned ered the love of his life, heroin. The Toth their creative and extraordinary dedication to 18, he dropped out of school during his senior family was in turmoil. Nicky was in and out their craft. Hebron High School took a narrow year. of treatment centers and jail. He missed multiple holidays. He wanted nothing more second place, and their achievements this Jonathan was passionate about basketball and cooking. He never excelled at basketball than to be happy and healthy. year have served to inspire the students because, again, he just couldn’t keep up. He During his active addiction, Nicky was in around them. Marcus High School finished in suffered from severe back pain due to radi- jail from January 2014 to June 2014 and again third place, and had previously been consecu- ation. But he knew stats about basketball from July 2014 to February 2015. He finally tive five-time winners. Their long-term success that you wouldn’t believe. He loved a lot of came home March 20, 2015. The entire Toth reflects well on the organization and the stu- NBA teams, but his favorite was Miami family was so hopeful but also scared. Nicky dents and parents who make the show pos- Heat. Jonathan could cook anything; he was was at least safe while in jail. He partici- sible. an avid food network watcher and could have pated in outpatient programs and got a job. It is a privilege to represent these bands given some of those people a run for their His family had no idea he started using money. He watched ‘‘Diners, Drive-ins and again. and the Lewisville Independent School District Dives,’’ and loved to eat at the places where In April 2015, Nicky overdosed in his fam- in the U.S. House of Representatives. I look Guy, the host, did his shows. His dream was ily’s home and lived to see another day. Fol- forward to seeing more great accomplish- to become a chef. lowing that night, Nicky went to inpatient ments from LISD and their bands and wish Sometime between the ages of 18 and 20, treatment in South New Jersey. His family them the best of luck in all future endeavors. Jonathan was introduced to Xanax. His were so hopeful because Nicky completed his 30 day program and organized himself into a f mother assumes it was in order to ease his back pain. From there he got into heroin. sober living home. The person in charge said RECOGNIZING FAMILIES AF- She does not know when he started using be- he had never had such a tenacious applicant. FECTED BY THE NATIONAL cause he was good at keeping it a secret from Nicky was ready to start his life. He lived in OPIOID EPIDEMIC our family. He came home in April of 2015 the house for two weeks. and stayed home all summer. He never went On Friday, June 12, 2015, Nicky’s mother anywhere; he just hung out at home watch- went to see him after work and took him to HON. ANN M. KUSTER ing cooking shows and basketball games. dinner. She kissed his face, hugged his big OF NEW HAMPSHIRE In August he started working at Pizza Hut. shoulders and laughed together for the last IN THE HOUSE OF REPRESENTATIVES Around the middle of the month he was time. On the morning of June 14th, the local Thursday, December 8, 2016 called by some friends who didn’t have a car police came to the Toth family’s home to in- and needed a ride to the hospital—they were form them that they lost their son. He was Ms. KUSTER. Mr. Speaker, it is my honor to about to have a baby. Two weeks later he found in Newark. He was all alone. include in the RECORD today the personal sto- spent the Saturday of Labor Day weekend AIDAN VANDERHEOF—MINOT, NORTH DAKOTA ries of families from across the country that with these two women and their newborn. Aidan Vanderheof grew up surrounded by have been affected by the opioid and heroin They went to the local skate park that love and attention. His life had bumps along epidemic. In the U.S. we lose 129 lives per evening to buy heroin. According to his the way, most of which were created by his day to opioid and heroin overdose. In my friends, Jonathan went into the restroom to family. Aidan’s parents divorced when he use and when he emerged he was unable to home state of New Hampshire I have learned was about two years old. He lived with moth- walk. The women helped him into his own er but had a lot of visitation time with his so many heartbreaking stories of great people car and then drove him around for 2 or 3 and families who have suffered from the ef- dad. When he was about twelve, Aidan went hours thinking that he would sleep it off. Fi- to live with his dad in Bismarck and started fects of substance use disorder. nally, they drove him to the ER and dumped playing JV football. He had loads of friends Earlier this year, my colleagues and I were him in front of the door. By this time, Jona- and got along easily with everyone. Aidan joined by many of these courageous families than’s body tissue was dying and his organs went back to live with his mother when he who came to Washington to share their stories were shutting down. Jonathan was in a coma was sixteen. with Members of Congress and push for ac- for 20 days and died 6 days after his 21st Like any teenager, Aidan pushed the tion that will prevent overdoses and save lives. birthday, on September 26, 2015. boundaries. He bought a pick-up truck the Since then, we passed both the Comprehen- NICHOLAS ‘‘NICKY’’ DANIEL TOTH V—PAGOSA second he got his driver’s license and would SPRINGS, COLORADO sive Addiction and Recovery Act and the 21st haul around as many of his friends as could Century Cures Act to provide much needed Nicholas Daniel Toth V was born on De- fit in it. Around that time many family ar- cember 27, 1995 in Pagosa Springs, Colorado. guments started to emerge and Aidan began funding and critical policy changes to fight this He was a miracle as far as his parents were having trouble in school. Many nights he epidemic. concerned—they literally smothered the wouldn’t come home, but he always had an The advocacy of these families truly is so poor kid. Nicky was his parents shining star. excuse—he fell asleep on a friend’s couch, for important to leading to change in Washington, Never in their life did they ever think they example. Over time, his absences increased and I am proud to preserve their stories. would only have 19 years with him. at home and at school. Aidan’s mother had

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00031 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.166 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1696 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016 to report him as a runaway to the police too started smoking marijuana and it is believe Growing up, Mark was teased about his ap- many times to count. Meanwhile, some of his he started drinking alcohol at the age of 16 pearance by kids who didn’t know better. friends, parents would hide him and cover for or 17, at parties with his high school friends. Even though these interactions emotionally him. Until his senior year, T.J. was doing what hurt him, Mark would never let you know it. Aidan came under the supervision of the some teenagers do; go to school every day, Mark was private about his pain throughout juvenile criminal justice system when he complete schoolworlc, work a part-time job, his life. was caught using a stolen credit card. For a and then smoke/drink with friends on the Mark was the second oldest in a family of period of time he wore an ankle monitor and weekends. five. Raised in a single parent home, he tried seemed able to comply with the rules until During his senior year of high school T.J. taking on the role of a father figure when he he had the opportunity to break them. Dur- was high and/or drunk and offered a pill. It hit his teen years. Mark wanted to give his ing this time, Aidan was referred to the was that one pill, that one decision that siblings everything they didn’t have and Child and Adolescent Partial Hospitalization sealed T.J.’s fate. Things for T.J. quickly es- make their lives better. Academics weren’t (CAPH) program through our local hospital. calated and later spiraled out of control interesting to him, so Mark dropped out of The program was set up during school hours when he went off to college. When T.J. would school and began selling marijuana, which and included group counseling, individual come home for vacation he was out every got him into trouble with the law. Mark’s li- therapy, and schoolwork. His mother also night. cense was suspended but he never paid the worked with Aidan in family therapy and in- T.J.’s grades for the first two years of col- fines or stopped driving. He was sent to jail home counseling. He adhered to the schedule lege had been acceptable. He later joined a several times for driving without a license. and completed the program. fraternity and he was having more fun than Once Mark had a criminal record, finding a Aidan was a fantastic liar. Principals, he should, and not studying the way he job was difficult. Fortunately, his extended counselors, and many others got caught in should have been. His mother later found out family had a few businesses where he was his web. While under court supervision, he that T.J. stopped attending his classes the able to get work but Mark couldn’t hold took random drug tests and would frequently fall semester of his junior year and his down a job for any extended period of time. test positive for benzodiazepines, amphet- friends were concerned. Between stints in and out of jail, he dabbled amines, and marijuana. At the time, his When he came home for Christmas break in using prescription medication. In 2005 at mother believed that his substance use his junior year, T.J.’s mother was so worried the age of 22 and in-between relapses, Mark wasn’t all that serious because they were all about him that she set up an intervention had a beautiful son named Travis. Unfortu- prescriptions and she knew a lot of kids ex- and offered to take him to a treatment facil- nately, Mark wasn’t ready to be a father and perimented with them. ity. She did not know at that time how seri- his family watched as he struggled with sub- Aidan was caught in the act of yet another ous T.J.’s addiction was. T.J. stayed out stance abuse. In 2007, Mark met and married his wife, crime. Prior to that, he had done things his every night and always appeared to be drunk Sarah. She had a son named Patrick who was mother could not prove: stolen all of her val- or high. The many times she tried to talk to the same age as Travis. Mark and Sarah uable jewelry, taken a bottle of amphet- him about drugs he always denied that he were both in recovery and worked beau- amines prescribed to her by her doctor, bro- had a problem, saying he was home from col- tifully together. Their early years were some ken the window out of her vehicle the night lege and just having fun with his friends. of his best. Mark went to work every day, before Mother’s Day to steal change and Instead of returning to school the spring supported his family, and made time to in- cigarettes, stolen his grandparent’s car when semester of his junior year, T.J. was admit- dulge in his passion for fixing cars and mo- they were on vacation and busted a door to ted to an inpatient treatment facility for 30 torcycles. In 2008, Mark and Sarah gave birth get alcohol. days. His mother came to find out that what to a gorgeous daughter, Emma Grace. When Aidan was finally placed in juvenile started in his senior year of high school, Some blissful years later, a hand injury detention, his mother was scared to death with trying that pill, turned into a heroin put Mark out of work. He underwent sur- for him and visited him once a week. Later, addiction two years later. gery, which came with a prescription for Aidan was placed in a Youth Correction Cen- After completing treatment, T.J. stayed pain medication. The downward spiral began ter in Mandan, North Dakota. His mother clean for about six weeks and turned to again. Mark checked into treatment various went to see him a number of times. Eventu- drugs after several stressful events. His times and kept getting into trouble with the ally, Aidan was placed at Prairie Learning mother will never forget walking into the law. His drinking got out of control, along Center in Raleigh, North Dakota where he basement and finding him on the couch in with his substance use. Mark and Sarah spent about six months. All reports from his the dark crying. T.J. hated what drugs had moved to Cape Cod where her parents were primary counselor were positive. Like every- done to his life. After two months of taking living for some extra support, but that only where else Aidan had been, he got along with drug tests on a regular basis, which he would lasted for so long. They weren’t able to over- everybody. Soon after, Aidan graduated from periodically failed, T.J went back into treat- come their addictions there together. Mark the program. ment. This time T.J. only stayed for two and Sarah separated and the years that fol- In the middle of June 2015, Aidan was weeks. lowed were tumultuous ones filled with caught on a surveillance camera using a sto- When talking with T.J.’s drug counselor stints in more treatment and attempts at re- len credit card in Bismarck. His dad saw it about why he released earlier than expected covery. on the Police Department’s Facebook page she said, that T.J. seemed to know what he In January 2016, Mark went to a program and contacted Aidan and his mother. Aidan had to do and had told her that he did not and loved the month he spent there, doing and his father made an appointment to visit want to end up dead or in jail. Four days the hard work of dealing with all of the emo- with a detective about the situation but after he was released from the second treat- tional baggage that comes with the disease right before the appointment, Aidan dis- ment facility, his mother came home from of addiction. Mark was grateful to have a appeared. work early after not being able to get in support system of friends and doctors who On July 4, 2015, Aidan’s mother was awak- touch with T.J. She went to his bedroom, but were there to walk him through the difficult ened by a pounding on the door. A police offi- the door was locked. She banged and process of recovery. However, within days of cer stood by the door and informed the fam- screamed his name. Finally she called 911, so coming back home, he felt himself slipping ily that Aidan was found dead. He was only they could break into his room. The police and made a call to Malibu to arrange a re- 19. Initially the police thought that Aidan told her a few minutes after breaking into turn. The day before his flight, Mark had died of an accidental OxyContin over- his room that T.J. died from a heroin over- overdosed at home alone. dose. There was a shoelace around his arm dose. That was May 28, 2014. We need reform in our country so that and a spoon near his body. He was found in MARK WALSH—BOSTON, MASSACHUSETTS those struggling with addiction can have the basement of a home. The people who Mark loved spending time with his family their needs met. If insurance had covered were with him admitted they had been using and cared for his siblings like they were his treatment for Mark closer to home, perhaps and would test positive for OxyContin. own. Whenever he found the time, he worked he would not have had to travel all the way In the end, it was determined that Aidan on his cars and motorcycles. He went above to California in order to receive the services died of a heroin overdose with methamphet- and beyond for anyone who needed help, he so desperately needed. Maybe Mark would amine in his system. The state has struggled whether that meant getting them a meal or still be with us today. to prosecute those with him when he died. helping them find a place to stay for the COREY WATSON—GREENFIELD, MASSACHUSETTS His death was not quick, and no one called 9- night. One might say he was generous to a Growing up, Corey had dyslexia and other 1-1 until after he was dead. fault. learning challenges. He was shy, quiet, and T.J. WADSWORTH—COLLEGEVILLE, At any given time in his life, Mark was very sensitive. He loved animals and was al- PENNSYLVANIA fighting for or against something. At an ways sympathetic to others. All of that T.J. Wadsworth grew up to be curious, early age, he was in a house fire and was changed on his 13th birthday on September friendly, smart, had many friends, and was a later deemed a hero for running back into 13, when he got hit by a car while riding his good student. In middle school, T.J. was one the burning building to alert others to the bike. He landed on his head and was taken to of the kids that came home after the drug exit. The incident left Mark so badly burned the ER but they didn’t find anything wrong presentation and talked about how bad drugs that he had to stay in Shriner’s Hospital for with him. are, and that he would never do them. Less several months. The physical scars from this Over the next two weeks, however, he than one year later, in 8th or 9th grade, T.J. event influenced how people treated him. changed drastically. His personality went

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00032 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.168 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1697 from painfully shy to aggressive and he be- families like them, negotiating their re- TRIBUTE TO THE RONALD MCDON- came a risk taker—it was frightening. His sponse to addiction: discovering what they ALD HOUSE CHARITIES OF CEN- mother took him to many neurologists but were powerless over, battling for the courage TRAL IOWA nobody could help. It seemed like there was to confront what they could control, and, at no way to fix his injured brain. Corey then least in their case, fighting desperately to became depressed and got into drugs. He distinguish between the two. There was and HON. DAVID YOUNG went in and out of the Brattleboro retreat in is relief in knowing that others suffer the OF IOWA Vermont, including a period during which he same struggle, zigzagging along a tortuous IN THE HOUSE OF REPRESENTATIVES went to school there until he started com- path, enduring dead ends in hope of a solu- mitting crimes and got caught up in the tion, bravely putting in the work to realize Thursday, December 8, 2016 legal system, which never seems to help. a more promising and serene future. Yet, Mr. YOUNG of Iowa. Mr. Speaker, I rise This cycle was hard to watch because there their story and others remained anonymous, today to recognize the Ronald McDonald pit stops at an emotional leper colony, quite was nothing his mother could do to help him, House Charities of Central Iowa for its 35 even though she tried everything: different separate from a world racing on. therapists, medications, specialists, etc. In Out of choice and necessity, when Wil- years of service to families in need. September, he started using heroin and fell liam’s parents chose to remove him from life Since opening its doors in August of 1981, in love with a girl. Some time after that, support, they offered William’s story to vir- Ronald McDonald House Charities of Central they decided to get clean together and ad- tually everyone they knew in the days just Iowa has provided a ‘‘home away from home’’ mitted themselves into rehab in Boston. His prior to his death and in the interim before for over 10,000 families whose children are mother picked Corey up on Christmas Eve so his memorial service. In return, more and undergoing medical treatment. In 2011 alone, he could come and spend the holidays in more people surrendered their personal hor- rors to the family. From even the most re- the 12-room facility provided a home for over Massachusetts with his family. His mother 400 families from 71 of Iowa’s 99 counties and never seen him so happy. served and private came narratives of heroin One day, Corey called his mother around 5 overdoses, cocaine abuse, weeks and months 10 other states. Families are asked to con- o’clock and asked her to wire him some in rehab, alcohol relapse, addiction to pills. tribute a nominal fee each night, but if they money for laundry and snacks. He had only Addiction is, as the Williams family has cannot afford to do so, they are not turned been in the step-down unit for a few days learned, a family disease. The number of sto- away. The philosophy at the Ronald McDonald after spending three weeks in a secure treat- ries they have heard of wives, daughters, fa- House in Des Moines is that one of the best thers, sons, nieces, nephews, brothers and ment facility. He had more freedom in the medicines for a severely ill child is the love of sober house—he was getting himself to and sisters—not in counseling or therapy sce- narios, but from people who recognize their their family right by their side during chal- from meetings and appointments. He took lenging times. It is humbling to see the wide- the money his mother sent him and used it pain and somehow want to comfort them, or to buy drugs. Corey’s roommate found him to comfort themselves through them, is stag- spread support from Iowa businesses and in- gering. unresponsive. They did manage to revive him dividuals that keep the doors open at the Ron- a couple of hours later but he never regained DALTON WOMACK—LEXINGTON, KENTUCKY ald McDonald House of Central Iowa. consciousness. Corey was brain-dead for Dalton was born September 20, 1991. Any- Mr. Speaker, I commend the Ronald three days before he was removed from life- one who was lucky enough to meet Dalton McDonald House Charities of Central Iowa for support on February 1, 2014. Corey died of an will never forget him. He had a smile that its 35 years of serving families under the most unintentional overdose. was absolutely contagious—you couldn’t help but feel good when he was around and in difficult of circumstances. I ask that my col- WILLIAM ‘‘WILL’’ HEAD WILLIAMS—NEW YORK, good spirits. Dalton’s love for children was leagues in the United States House of Rep- NEW YORK always present. He could relate to children resentatives join me in congratulating them William Head Williams died of an acci- like no one else; he cared about how they felt and wishing nothing but the best. dental overdose shortly before his 24th birth- and also he cared for them in a way that f day. Two years before his death, his parents they knew Dalton was a friend. first became aware that their son was using The respect Dalton gave to the elderly was IN HONOR OF THE 150TH ANNIVER- heroin. At the time William was already see- admirable. He would go out of his way to SARY OF THE FLOATING HOS- ing a psychotherapist and over the next two open a door, walk someone to their car, or PITAL years his family added various additional carry their groceries. It was his nature to support systems to help William’s struggle. help others. Dalton did whatever was needed These included an addiction psychiatrist, without even blinking an eye. HON. CAROLYN B. MALONEY outpatient treatment, treatment with Dalton was a friend to anyone he would OF NEW YORK Suboxone, inpatient detox, inpatient treat- meet—in other words, he never met a strang- IN THE HOUSE OF REPRESENTATIVES ment, outpatient treatment, outpatient er. Music was in his soul and he loved it detox, treatment with Vivitrol, more out- more than anything (other than being with Thursday, December 8, 2016 patient treatment, another inpatient treat- his friends and family). Dalton was a caring Mrs. CAROLYN B. MALONEY of New York. ment, more outpatient treatment, well over person and gave everything he could; on a dozen trips to and from the emergency Mr. Speaker, I rise today to honor the 150th many occasions right down to his last dol- anniversary of The Floating Hospital (TFH), lo- rooms of at least four different hospitals, an lar—he would go without it just to make attempt to work with another addiction psy- sure someone else had what they needed. He cated in Long Island City, New York, in the chiatrist, Alcoholics Anonymous, and Nar- lived his life unselfish and had a huge heart. district I am privileged to represent. TFH was cotics Anonymous. A home life fraught with Before his family knew it, Dalton was founded in 1866 with the goal: ‘‘To afford relief tension, despair, sometimes hopeful during struggling with addiction. His addiction to the sick children of the poor of the City of intermittent periods of sobriety, and always started off small and became more powerful; New York without regard to creed, color, or filled with the apprehension of misfortune. bigger than they could ever imagine. His nationality.’’ Today, TFH serves thousands of That apprehension became fact when Wil- family had countless conversations but noth- victims of domestic violence, homeless fami- liam accidentally overdosed. Six weeks of co- ing seemed to help; therefore, they turned to matose and/or heavily medicated hospitaliza- treatment. lies, and public housing residents. tion followed before the ultimate realization Dalton’s family’s worst fear came on July Though it is a land-based organization that William was consigned to a persistent 8, 2016; the dreaded phone call that every today, TFH derives its name from the series of vegetative state. parent hates buts knows at some point ships which housed the hospital and regularly As a family, William’s parents struggled might come. Dalton was gone. Not just out sailed through New York Harbor, providing from the beginning to find both their own of town, not just going to the store and be children and their caregivers with recreational support system and ways to engage and en- back later but gone. He died at the hands of opportunities on board, as well as healthcare courage William in recovery. In the begin- a steering wheel, with addiction gripping ning, they kept William’s and their battle to him. He was by himself, all alone. services, health and nutrition education, and a themselves, in the interest of protecting his His family received the news from the respite from an overcrowded city. The idea privacy and their own. William still had ca- emergency room doctor and chaplain—the was inaugurated by George F. Williams, a reer goals and ambitions that could be conversation still plays over and over in managing editor at The New York Times, thwarted with heroin use on his ‘‘re´sume´.’’ their head. The pain today still hurts as if it when he saw newsboys being forced off the While it’s harder for them to admit, Wil- were yesterday and probably will forever. grass in City Hall Park by police and ordered liam’s parents also kept quiet out of some But one thing they know to be true, if Dal- to stay on the walkways where the hot con- sense of embarrassment or shame. ton and the many others could have the op- Over the course of time, with the help of portunity to look ahead and see how tragic crete burned their feet. Their plight inspired addiction counselors, and sharing their cir- life could end with addiction, maybe just him to appeal to the Times’s readership to do- cumstance at Al-Anon in particular, Wil- maybe things would be different. Hell isn’t nate money for a boat trip for newsboys and liam’s parents came to understand that they six feet under; Hell is loving and missing a bootblacks. These trips soon became more were not alone. There were, in fact, many son who had addiction. regular and were taken over by St. John’s

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00033 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.169 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1698 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016 Guild, which purchased the first vessel, orga- missed his high school graduation, his 18th Andy spent his last five years in a down- nized the trips and expanded them to include birthday, and so much of his life due to one ward spiral of what we now recognize as underprivileged children and their mothers. bad decision. marijuana abuse. There were the calls to sui- Growing up, Jerrid was a dedicated fisher- cide help lines, hospitalizations in five dif- Medical personnel were hired to provide treat- man. He loved being outdoors, especially ac- ferent mental health hospitals on three dif- ment, vaccines, nutritional guidance and other tivities involving mud and/or animals. He ferent occasions, and two sentences of court- care, and opened a clinic for sick patients on was an avid Bengals fan. Jerrid and Susan ordered mental health treatment for psy- Staten Island. had been going to annual Browns vs. Bengals chotic behavior. During the last week of his IN the early 2000s, TFH sold its boat and football games every year—it became a life Andy told his mother, father and the so- created a clinic in Long Island City and has mother/son tradition. cial worker that he had to quit using mari- Jerrid was only 17 years old and had juana to live but he was unable to do so; he now become New York City’s largest provider enough credits to graduate high school early. of primary healthcare services to residents of was addicted. Marijuana was doing nothing He was supposed to walk in his graduation good for him except to help him sleep. With- family shelters and domestic violence safe on May 26th, and he wasn’t even recognized out it he had nightmares. houses, as well as residents of public housing, for all his hard work over the years after he But by then, Andy’s waking life was a with more than 61,000 patient visits every died. Jerrid was a good kid, a big prankster nightmare that he suffered for years. He year. TFH opened the first federally-qualified to all, and he loved little kids and animals worked for very short durations with various health center in a New York City Housing Au- dearly. He had his whole life ahead of him, mental health professionals and received a but now it’s all lost. Jerrid left behind his thority development and Queensbridge variety of diagnoses, including Major De- parents and a brother and sister who miss pression, PTSD, Bipolar Disorder, Mild Alco- Houses. him terribly. TFH works proactively with families from the hol Use Disorder and Severe Cannabis Use JACQUELINE ‘‘JACKIE’’ ZANFAGNA—PLAISTOW, Disorder. moment they enter the shelter system, includ- NEW HAMPSHIRE One of his doctors noted in his records, ing screenings for communicable diseases Jackie Zanfagna’s struggles became evi- ‘‘Andy is a kind and gentle man. He is an and health conditions like heart disease and dent before her 10th birthday. Some called honorable man. Andy is smart with goals and asthma. TFH provides a huge array of primary her a ‘‘difficult teen’’ but her mother, Anne the skills to make them happen. Andy has a healthcare services, oral healthcare, health Marie, and father, Jim, knew that Jackie great smile and people are comfortable education, benefits counseling, and mental was struggling with a medical condition and around him.’’ health services, and even offers free transpor- desperately needed treatment. Her parents For a time Andy functioned well; mostly sought help from countless doctors to no employed, earning an Associate Degree and tation for patients to and from over 200 shel- avail. Jackie had bipolar tendencies. When completing three years of active duty in the ters and domestic violence safe houses. she was at her best, she was a bright, en- Army’s 82nd Airborne Division, including a In its 150 years, TFH has served over 5 mil- gaged girl who loved animals, fashion, and tour of duty in Iraq. But as the marijuana lion patients. Today, it continues to honor its cared fiercely for her niece and nephew. addiction took control over his life, he lost historic mission to serve the most vulnerable When she was at her worst, her self-esteem insight into his own mental health. He began by working constantly to improve and expand plummeted and she was prone to fits of rage. to isolate and avoided friends and family. He its services and clinics. Her parents were left to patch the walls quit his jobs and disappointed himself over where her fist had bust the plaster. and over again. I ask my colleagues to join me in cele- Jackie’s suffering went undiagnosed. Anne Andy is one of the 129 a day who has died brating the anniversary of TFH and its 150 Marie, who suffered from rheumatoid arthri- from a substance use disorder. Andy is one of years of immeasurable contributions to the tis, began noticing that her pain medication the 22 Veterans that committed suicide each health and well-being of all New Yorkers. was missing and eventually valuables started day. disappearing too. When the Zanfagna’s real- f ZAFER JULIAN ESTILL—ARLINGTON, VIRGINIA ized that they couldn’t trust their daughter or her friends, they changed their locks, in- Zafer died on April 13, 2016, from an acci- RECOGNIZING FAMILIES AF- dental heroin overdose. He was 19 years old— FECTED BY THE NATIONAL stalled an alarm system, and got a guard dog. just months away from his 20th birthday. OPIOID EPIDEMIC Jackie survived one overdose but was so Zafer, affectionately know as ‘‘Z,’’ was a be- deeply ashamed that she pushed away the loved son, brother to three siblings, and HON. ANN M. KUSTER people who cared about her the most. Some- friend to many. how, in the midst of what seemed a plum- Z was a sophomore at the University of OF NEW HAMPSHIRE meting spiral, Jackie found some solid Colorado, where he was known as an adven- IN THE HOUSE OF REPRESENTATIVES ground at the age of 25. turer, traveler and explorer, who sought out Thursday, December 8, 2016 After years of thwarted endeavors such as thrills whenever possible. He was an avid cosmetology school, community college and tennis player and loved to skateboard, hike, Ms. KUSTER. Mr. Speaker, it is my honor to a modeling agency, Jackie landed a good job kayak, and follow his favorite sports teams. include in the RECORD today the personal sto- at Staples. She had a new car, a new boy- He liked to begin where the chair lift ended— ries of families from across the country that friend and her relationship with her family he’d carry his skis higher up the mountain in have been affected by the opioid and heroin was suddenly on the mend It seemed like the search of an untouched backcountry run. epidemic. In the U.S. we lose 129 lives per nightmare of the previous years might have Many of his finest selfies come from his treasured mountain explorations in Colo- day to opioid and heroin overdose. In my finally lifted. When Jackie died of a heroin overdose on rado. home state of New Hampshire I have learned October 18, 2014, her family was devastated. Z was the ‘‘connector’’ in his family; he also many heartbreaking stories of great people ANDY ZORN—PHOENIX, ARIZONA ways made sure to reach out after going too long without checking in. It was second na- and families who have suffered from the ef- Andy was born in 1982 in Phoenix, Arizona. ture to him to send a text, email, or even a fects of substance use disorder. He had a joyful life. He made friends easily handwritten note just to remind people that Earlier this year, my colleagues and I were and he was always on a mission to make peo- he cared. We used to joke that Z paid more joined by many of these courageous families ple laugh; as the class clown and life of the attention grooming his emails to Grandma party, he often succeeded. When Andy grew who came to Washington to share their stories than he did on his papers for school. older, a few of his good friends developed with Members of Congress and push for ac- On the night of April 13th, Z tried heroin. substance abuse issues and Andy took it tion that will prevent overdoses and save lives. He bought it for $7.00 a hit. Z went to sleep upon himself to help them work through it. Since then, we passed both the Comprehen- and never woke up. His family’s pain, shock After seeing the destruction of hard drugs and grief upon losing Z is one story among sive Addiction and Recovery Act and the 21st first-hand, he made a personal commitment many that evidence the public health crisis Century Cures Act to provide much needed to not use. funding and critical policy changes to fight this Andy was a big dreamer and made concrete facing this country. Heroin use has more epidemic. plans for his future. He started a retirement than doubled among young adults in the past savings account at the age of 16, after start- decade. The advocacy of these families truly is so Even though the lives of his family have ing his very first job. But as Andy became a important to leading to change in Washington been forever changed by Zafer’s death, his young adult, he thought he had to partici- and I am proud to preserve their stories. spirit and energy will live on within each of pate in drinking and drugs in order to fit in. them and through the good they contribute JERRID FRANKLIN YOUNKER—SIDNEY, OHIO He was good at hiding the extent to which he to this world. Their hope is that by sharing Susan Cole found her 17 year old son, must have indulged in these activities. Andy Zafer’s story, and telling the truth about his Jerrid Younker, dead on March 14, 2016. Al- committed suicide on March 1, 2014, in Peo- death, they may be able to save another life. most three months later, she found out that ria, Arizona. His suicide note was surprising it his death was the result of fentanyl intoxi- and painful: JORDAN LEWIS BARNES—LUDLOW, KENTUCKY cation. Susan had no idea Jerrid was using ‘‘My soul is already dead. Marijuana killed Jordan was born October 13, 1991. Jordan drugs and is devastated by this. Jerrid my soul + ruined my brain.’’ was an avid motocross rider. He lived for fast

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00034 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.171 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS December 9, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1699 speed and unthinkable stunts. At the age of stopped. Instead of taking Jordan directly to found one that would accept him and he en- 15 he was involved in a serious motocross ac- the hospital, the family friend took Jordan tered treatment for the second time. cident, causing him to break both wrists and to his father’s house. Once Jordan arrived, 9– Stephen could not stop using—the urges having pins put in them. He shattered his 1–1 was called and an ambulance was dis- were too strong. Stephen later went on collarbone and had a titanium plate and 12 patched. His stepmother, began to perform methadone, despite his mother’s strong pro- screws inserted. He also suffered severe knee CPR and administered Narcan twice without tests against it. As he explained it, ‘‘Mom I complications. After he was healed, Jordan any luck. EMT’s attempted to resuscitate can’t stop and if I don’t get on methadone, foolishly punched an ice box at a local store Jordan by shocking his heart but were un- I’m going to die.’’ Stephen stayed on metha- in Ludlow, resulting in what’s referred to as successful. They insisted on calling Jordan’s done for nine years, but was unable to go off a ‘Boxer’s Fracture’ in his right wrist. From death at his father’s house, but a doctor at it, despite multiple attempts. there on, his life would forever change. the hospital advised them to bring him into Finally, Stephen felt ready to start look- At only 15 years old, Jordan was prescribed the hospital. When he arrived to the hospital ing for work again. He found a job he loved strong narcotics for his great level of pain. the doctors did get a faint pulse and Jordan that was in his desired field of Computer This would only turn to harder drugs and was placed on life support for the second, and Science. Stephen excelled at his new job and heavier dosages. At 16, Jordan dropped out of final, time. was promoted within the first three months high school. Over the next 9 years, Jordan Jordan’s organs started shutting down at a of working. His boss’s boss later told Ste- was on a constant rollercoaster of ups and rapid pace; there wasn’t anything anyone phen’s mother that he would do things on downs; experimenting with different types of could do. Jordan knew that the next shot the network that he didn’t know were pos- drugs like marijuana, Percocet, and Vicodin, would kill him. He didn’t care; he wanted sible. and his drinking began to surge as well. He that high. Jordan laid in that hospital bed, Stephen amazed everyone who met him. He checked into a treatment facility, where he helplessly on life support for nearly 18 hours, was very humble about his talents and didn’t stayed for 3 to 4 months. He appreciated his until his little brother could make it in from want anyone to know just how smart he was, time there. He liked the atmosphere and the California to say goodbye. Jordan’s hospital or how much he cared about everything and people who were there. He made comments room filled with family and friends that everyone he loved. Stephen was kind and about wanting to go back to work there and loved him, and stayed with him as he took generous to almost a fault. help others who struggled with the same de- his last breath. ‘‘My efforts to gain temporary guardian- mons he did. Jordan lost his battle with addiction April ship were denied, BlueCross BlueShield On Mother’s Day of 2013, at 21 years old, 11, 2016. He touched many people with his in- wouldn’t sell me gap insurance, the courts Jordan experienced his first overdose from fectious smile and huge heart. He was loved would not get involved, and all of Stephen’s heroin. He was found in the bathroom of his by many and is missed by many more. doctors that saw him for years wouldn’t fill grandmother’s home with a needle hanging STEPHEN J. DEAGLE, JR.—REVERE, out the paperwork to allow me to take over out of his leg; he was unresponsive. Jordan MASSACHUSETTS his care,’’ writes his mother. ‘‘After many was rushed to the hospital where he was put pleas with his recovery center, they told me Stephen’s mother lost her only child, Ste- on life support and remained on it for rough- they were filling out paperwork to transfer phen J. Deagle, Jr., on January 8, 2015, at the ly 30 hours. After spending an additional few him to another facility but they didn’t. Ste- age of 32. Stephen was an extraordinary days in the hospital, he was released. Upon phen was released after only 21 days—21 days young man. He had an IQ score of 147, but his release, Jordan had a new outlook on life. with nine new prescriptions. There was not Stephen was much more than just smart. He changed the group of friends he pre- enough time for his body to even adjust to Stephen was kind, caring, loving, witty and viously associated with. He changed the new medication, let alone that detox from gifted, with unparalleled talents in computer places he hung out. nine years of methadone, one month of science and music. August 2013 came around and Jordan’s fa- suboxone, three months of vivitrol, and a From the age of four, Stephen would write ther, presented him with an opportunity to heroin overdose.’’ code on his new Apple computer, master work and make really good money in a dif- ‘‘My life is forever changed. Stephen was video games inside and out, and learned to ferent state. Jordan jumped at this oppor- my only child, my parents’ only grandson, play the guitar. From there he taught him- tunity. He moved to North Dakota and lived my brother and sister’s only nephew and my self how to play the bass, drums and vocals. there for a year. Jordan seemed to be doing niece’s only cousin. The loss of this kind, Stephen always loved people. He would stop well, until he fell with the wrong crowd. He beautiful young man who wanted nothing and talk to strangers, and would do anything began using again and eventually lost his more in life than to make a difference in the for his friends or family. He was the boy who job, which ultimately led to him living out world has left a hole in our family that can was always laughing. of his car. Jordan’s father booked two flights never be filled. The world is black to me Stephen’s intelligence was recognized at a for him to fly back home but Jordan never now, where once all the colors were so vivid young age and was later accepted to St. got on the plane. Finally, with the help of when I shared my life with my son. No wed- John’s Prep, a private high school in one of the only true friends he had, Jordan ding, no mother/son dance, no grandchildren, Danvers, Massachusetts. When he was just a made it home with the intent to start fresh. no holidays or birthdays—only darkness and senior in high school, Stephen was one of 160 Jordan stayed with his friend for a few pain. Despite awareness events, speaking lo- individuals worldwide accepted to attend a months to continue on a positive path. cally, statewide and with members of Con- law and advocacy seminar in Washington, In September 2014, Jordan was pulled over gress, no real change has been made to fix D.C. and arrested for no insurance. While he was the broken healthcare system in this coun- in jail he ended up getting sick from Stephen’s demise started early in his first year of college, when he had four impacted try. One death every four minutes is too detoxing and spent 45 days in the hospital. many. May God bless all those who continue During his hospital stay, we learned that wisdom teeth removed. During the surgery, the doctors mistakenly chipped his jaw bone; to struggle without the care they need and Jordan had a lot of internal issues that he deserve.’’ was unaware of. His kidneys had started to requiring him to have two subsequent sur- ALICIA DEMARCO—READING, MASSACHUSETTS shut down, he had an infection in his blood geries for which he was prescribed pain medi- which led to ‘Infective Endocarditis’ (which cation. Stephen’s mother wanted to take the Alicia struggled her entire life. At a young is a bacterial infection on the heart valve), pills so he wouldn’t use them, but he assured age, she was diagnosed with significant co- and he tested positive for Hepatitis C from her he would only take one at a time, when morbid learning disabilities and mental dis- his careless mindset of just wanting to get needed. orders; specifically Attention Deficit Dis- high and using dirty needles. All this at the Within days, Stephen became addicted. He order, Executive Function Deficit and Bipo- age of 23 years old. Jordan’s doctors told him later told his mother, ‘‘I knew I loved this lar Disorder. Alicia’s mother constantly that the next time he decided to do drugs pill. When I took the first one—it was the fought the school system to get Alicia the again, it would kill him. He was on his last first time I didn’t feel any mental or phys- support she so desperately needed, but to no chance at life. ical pain.’’ He admitted this three months avail. As a result, Alicia dropped out of high After being discharged from the hospital, after his first surgery. Stephen was then put school in her junior year. he returned home to live with his grand- in private care treatment but, despite his At 16 years old, Alicia started experi- mother. He seemed to be doing very well this mother having to refinance her house three menting with drugs and was getting into time around and had a positive outlook of times to pay for it, he didn’t stay long trouble with the law. By 18, she transitioned the future. He seemed to be enjoying the life enough. to shooting heroin. One month after her 18th he was living. At 19, Stephen got clean in Boston, moved birthday, Alicia was sent to Massachusetts One night, Jordan went out to a bar with to California for a good job and a chance at Committing Institution (MCI)–Framingham a family friend. They were hanging out, hav- a new life. Sadly, he didn’t understand that state prison. ing a good time and ultimately ended up in treatment is not enough to maintain recov- Alicia spent the majority of her adult life Cincinnati to get heroin. Nobody truly ery, and the urge to use was too strong. Ste- either in jail, detox, dual-diagnostic hos- knows what happened that night, other than phen found heroin in San Francisco and pitals, and treatment programs. When she Jordan being with the family friend. again him and his family started the road to- was 24 years old, Alicia gave birth to her In result of their trip to Cincinnati, Jordan wards recovery. His mother flew back and daughter, Alexa. shot the heroin and began to snore. After forth to do all she could to get Stephen into Alicia received a free enrollment into a snoring for a little while, Jordan suddenly another treatment facility. Finally, they pilot mode intervention program in Palm

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00035 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.173 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1700 CONGRESSIONAL RECORD — Extensions of Remarks December 9, 2016 Springs, California. This program covered all age, and had a contagious smile. Despite housemates called the landlord because of expenses, paying to fly Alicia’s family of five Cain’s popularity and leader persona in the smell protruding from his room; his body out to LA, and waived the treatment facili- school, he always befriended the underdog. was only identifiable by his dental records ty’s one-month fee of $25,000. It was a mir- He also taught himself how to play the gui- due to the decomposition. acle. Alicia’s family had so much hope. tar and in weeks, he was writing his own Cain is missed every single day. After completing the program, Alicia told songs. Cain and his mother shared an un- her mother, ‘‘Mom, I’ve never felt so good in breakable bond. He was truly gifted and his f my whole life.’’ She was given the option to life seemed blessed—he was truly loved. take up residency in a sober living environ- When Cain was older he started using alco- HONORING THE RETIREMENT OF ment; however, Alicia’s boyfriend back home hol and marijuana, which began to affect his MR. PACO VALENTIN was more important to her. Therefore, she school work and his personality. He was sent returned home and again began her co- to a 28 day treatment facility and later to an dependent, toxic relationship. outdoor-education program, in an attempt to HON. HENRY CUELLAR Alicia’s boyfriend, along with others, entry and discourage his drug usage. However, OF TEXAS abled her addiction. It was a constant tug-of- each time Cain returned home he went right IN THE HOUSE OF REPRESENTATIVES back to using. war; Alicia’s family pulled her in the right Thursday, December 8, 2016 direction, as her boyfriend pulled her to- When Cain and his mother moved into wards a life of drugs, crime, sleeping under town, people started coming and going from Mr. CUELLAR. Mr. Speaker, I rise today to bridges and jail. their house at all hours. His mother saw evi- honor the retirement of Mr. Paco Valentin after At this time, Alicia got pregnant for the dence of pills and Cain admitted to using 37 years of dedicated service to the U.S. De- them. She started losing control over Cain’s second time. However, her boyfriend left her partment of Agriculture (USDA). for another girl. Her mother helped Alicia actions. She tried to set boundaries, all of find a OB/GYN doctor that would prescribe which were ignored. She started to notice Mr. Valentin was born on November 14, her subutex. She moved into a shelter that that her spoons were going missing and the 1951 in Brownsville, Texas. After graduating August. Things were going well. Her mother ones she did find had black marks on the from St. Joseph Academy high school in would pick Alicia up every day, and gave her bottom. She also was finding bits of cotton Brownsville, he went to Texas State Univer- whatever she needed. She saw her doctor and Q-tips everywhere. She still had no idea sity, where he received a Bachelor of Science every week. of what was going on. Once she discovered a in Agriculture. Mr. Valentin began his career Alicia started seeing another guy, who she needle, she understood. with the USDA in 1979. Throughout his ten- Cain’s mother began having to take reg- knew through her previous boyfriend. ure, he served in numerous leadership roles Alicia’s new guy seemed to be very laid back, ular trips to the Emergency Room when she and Alicia appeared to be happy with him. would find Cain passed out on the floor. She including USDA Rural Development Housing On November 18, 2014, Alicia’s mother, her then sent Cain to another treatment facility Loan Specialist, Assistant County Supervisor, husband, and Alicia’s daughter, Alexa, all and, on his return, to AA and NA meetings. and eventually County Supervisor for the flew to Fort Lauderdale to visit family. Cain’s mother watched her son go from a ro- USDA Farmers Home Administration. Alicia was eight and half months pregnant at bust young man, to a pale, skinny kid with In 2009, the Obama Administration ap- the time, so they thought it would be best to broken out skin. She accompanied him pointed Mr. Valentin to be the Texas State Di- visit before she gave birth to her new baby through many self-detoxes and was by his rector of Rural Development for the USDA. side when he underwent various withdrawal girl, Arianna Marie DeMarco. During his tenure as State Director, Rural De- On November 21, 2014, Alicia’s mother re- stages—the chills, fevers, diarrhea, vomiting, ceived that dreadful phone call from the cramps, and him pacing for hours. But in the velopment has provided nearly $12 billion in North Reading Police Department. Her beau- end, Cain went right back to using. rural investments throughout Texas for hous- tiful daughter Alicia and precious grand- One day, in the early hours, the police ing, rural utilities, community facilities, and daughter-to-be were both dead. Alicia’s doc- came knocking at Cain’s mother’s door ask- rural business and cooperative development. tor had taken her off of her subutex medica- ing if the boy they found face down and blue He also dedicated his time to the promotion, tion eight days prior to her overdose. in the driveway, was her son. Cain was ar- retention, and recruitment of minorities and Alicia’s death certificate indicated Fentanyl, rested for being in his car, unresponsive, a needle at his feet, with heroin residue. women, as well as establishing a diverse sen- not heroin, was the cause of her overdose. ior management workforce in an effort to cre- She was 28 years old. The attorney fees, plus the treatments and Alicia was a very compassionate and lov- hospital visits wiped out a good part of his ate jobs and spur economic growth in rural ing person. She loved her family and espe- mother’s savings. Cain started to steal her communities with limited resources and in- cially her daughter, Alexa. jewelry and pawned it for cash. Cain also comes below the poverty line. stole his mother’s debit card, spending hun- Mr. Valentin dedicated his professional ca- CAIN FRANKLIN—WARRENTON, VIRGINIA dreds and only would return it for more Cain Franklin exhibited a unique and joy- reer to working for agricultural and rural inter- money. Finally, Cain failed a urine test and ests. His passion and devotion for helping oth- ful spirit from the very beginning. At age was sent to jail for three months. seven, he asked for a tuxedo and a Bowflex When Cain was released, he was clean for ers serves as a model for all of us. Among his for Christmas. In the second grade, Cain 11 months and started to get his life back on numerous awards, he has been recognized dressed up as Bill Gates for his private track. He attended AA meetings and ex- with the Habitat Texas 2014 Statewide Com- school’s ‘‘Famous People Day.’’ Growing up, changed his former druggie friends for mod- munity Partner of the Year Award, 2013 State- his favorite toy was a cash register and Cain els of sobriety. He started kickboxing, going wide Rural Leadership Award by the Coordi- would open up little shops and sell things to to the gym, and working long, hot hours as nating and Development Corporation of the his mother. Despite excellent grades in a landscaper. Him and his mother would talk Ark-La-Tex region, the recipient of the Urban school, Cain had some behavioral problems or text on a daily basis and Cain would occa- and was tested for ADD. The results deter- sionally come over to talk more. Cain prom- Counties Leadership Award in 2010, and mined Cain did not have ADD, but rather he ised his mother he would pay her back for awarded the USDA Rural Development Distin- had an extremely high IQ; he wasn’t being everything and began making these pay- guished Service Award. stimulated in school and would finish his ments. Things were looking up. Then, four Upon retiring, Mr. Valentin plans to spend work before everyone else. days of silence during which, in her heart, his time in the company of his wife, Angie, Cain proved to be an exceptional martial his mother knew was not good. She got a and their two daughters, Jordan and Taylor. artist and was presented with his second Dan knock on the door to find an officer and a po- Mr. Speaker, I am honored to have shared (rank) black belt at just 11 years old. As soon lice chaplain. Cain’s mother was devastated, with you the legacy of Mr. Paco Valentin, who as he picked up a football he joined a league but also relieved that Cain’s battle was and, within two weeks, he replaced the over—though hers was just beginning. has had the support and confidence of the coach’s son as quarterback. Cain’s person- Cain died July 17, 2015, and had been dead Texas Delegation and was honored with the ality was larger than life. He could carry on for four days, according to when he last used privilege of serving as a presidential appointee conversations with anyone, no matter their his key card to enter his home. Cain’s under the Obama administration.

VerDate Sep 11 2014 03:38 Dec 10, 2016 Jkt 069060 PO 00000 Frm 00036 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.174 E09DEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS Friday, December 9, 2016 Daily Digest

HIGHLIGHTS Senate agreed to the motion to concur in the amendment of the House to the amendment of the Senate to H.R. 2028, Energy and Water De- velopment and Related Agencies Appropriations Act (the legislative vehicle for the continuing resolution). Senate agreed to the motion to concur in the amendment of the House to S. 612, Water Infrastructure Improvements for the Nation Act. Senate ment rather than compliance with cumbersome regu- Chamber Action latory requirements. (S. Rept. No. 114–401) Routine Proceedings, pages S6931–S7168 Report to accompany S. 2829, to amend and en- Measures Introduced: Twelve bills and ten resolu- hance certain maritime programs of the Department tions were introduced, as follows: S. 3537–3548, and of Transportation. (S. Rept. No. 114–402) S. Res. 633–642. Pages S7031–32 Report to accompany S. 2609, to amend the Agri- cultural Marketing Act of 1946 to require the Sec- Measures Reported: retary of Agriculture to establish a national vol- Special Report entitled ‘‘Further Revised Alloca- untary labeling standard for bioengineered foods. (S. tion to Subcommittees of Budget Totals for Fiscal Rept. No. 114–403) Year 2017’’. (S. Rept. No. 114–405) S. 2920, to amend the Tribal Law and Order Act Report to accompany S. 2614, to amend the Vio- of 2010 and the Indian Law Enforcement Reform lent Crime Control and Law Enforcement Act of Act to provide for advancements in public safety 1994, to reauthorize the Missing Alzheimer’s Disease services to Indian communities, with an amendment Patient Alert Program, and to promote initiatives in the nature of a substitute. (S. Rept. No. 114–404) that will reduce the risk of injury and death relating S. 236, to amend the Pay-As-You-Go Act of 2010 to the wandering characteristics of some children to create an expedited procedure to enact rec- with autism. (S. Rept. No. 114–397) ommendations of the Government Accountability Report to accompany S. 1403, to amend the Mag- Office for consolidation and elimination to reduce nuson-Stevens Fishery Conservation and Management duplication, with an amendment in the nature of a Act to promote sustainable conservation and man- substitute. agement for the Gulf of Mexico and South Atlantic S. 290, to amend title 38, United States Code, to fisheries and the communities that rely on them. (S. improve the accountability of employees of the De- Rept. No. 114–398) partment of Veterans Affairs, with an amendment in S. 3038, to reauthorize the Coastal Zone Manage- the nature of a substitute. ment Act of 1972, with an amendment in the nature S. 1378, to strengthen employee cost savings sug- of a substitute. (S. Rept. No. 114–399) gestions programs within the Federal Government, Report to accompany S. 1685, to direct the Fed- with an amendment in the nature of a substitute. eral Communications Commission to extend to pri- S. 1607, to affirm the authority of the President vate land use restrictions its rule relating to reason- to require independent regulatory agencies to comply able accommodation of amateur service communica- with regulatory analysis requirements applicable to tions. (S. Rept. No. 114–400) executive agencies, with an amendment in the nature Report to accompany S. 2283, to ensure that of a substitute. small business providers of broadband Internet access S. 2834, to improve the Governmentwide man- service can devote resources to broadband deploy- agement of unnecessarily duplicative Government D1119

VerDate Sep 11 2014 07:37 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D09DE6.REC D09DEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D1120 CONGRESSIONAL RECORD — DAILY DIGEST December 9, 2016 programs and for other purposes, with an amend- Army First Lieutenant Donald C. Carwile Post ment in the nature of a substitute. Office Building: Senate passed H.R. 5309, to des- S. 2972, to amend title 31, United States Code, ignate the facility of the United States Postal Service to provide transparency and require certain standards located at 401 McElroy Drive in Oxford, Mississippi, in the award of Federal grants, with an amendment as the ‘‘Army First Lieutenant Donald C. Carwile in the nature of a substitute. Page S7031 Post Office Building’’. Page S7103 Measures Passed: E. Marie Youngblood Post Office: Senate passed Correct the Enrollment: Senate agreed to H. Con. H.R. 5356, to designate the facility of the United Res. 183, directing the Secretary of the Senate to States Postal Service located at 14231 TX–150 in make a correction in the enrollment of the bill S. Coldspring, Texas, as the ‘‘E. Marie Youngblood Post Office’’. Page S7103 612. Pages S7004–05 Correct the Enrollment: Senate agreed to H. Con. Zapata Veterans Post Office: Senate passed H.R. Res. 179, directing the Secretary of the Senate to 5591, to designate the facility of the United States make certain corrections in the enrollment of S. Postal Service located at 810 N U.S. Highway 83 in 2943. Page S7102 Zapata, Texas, as the ‘‘Zapata Veterans Post Office’’. Page S7103 Arsenal Installation: Committee on Armed Serv- ices was discharged from further consideration of S. Officer Joseph P. Cali Post Office Building: Sen- 3336, to provide installation reutilization authority ate passed H.R. 5676, to designate the facility of the for arsenals, depots, and plants, and the bill was then United States Postal Service located at 6300 N. passed, after agreeing to the following amendments Northwest Highway in Chicago, Illinois, as the ‘‘Of- proposed thereto: Pages S7102–03 ficer Joseph P. Cali Post Office Building’’. Boozman (for Ernst) Amendment No. 5128, relat- Page S7103 ing to installation reutilization authority. Page S7102 Abner J. Mikva Post Office Building: Senate Boozman (for Ernst) Amendment No. 5129, to passed H.R. 5798, to designate the facility of the amend the title. Page S7102 United States Postal Service located at 1101 Davis Geographic Targeting Orders: Committee on Street in Evanston, Illinois, as the ‘‘Abner J. Mikva Banking, Housing, and Urban Affairs was discharged Post Office Building’’. Page S7103 from further consideration of H.R. 5602, to amend Segundo T. Sablan and CNMI Fallen Military title 31, United States Code, to authorize the Sec- Heroes Post Office Building: Senate passed H.R. retary of the Treasury to include all funds when 5889, to designate the facility of the United States issuing certain geographic targeting orders, and the Postal Service located at 1 Chalan Kanoa VLG in bill was then passed, after agreeing to the following Saipan, Northern Mariana Islands, as the ‘‘Segundo amendment proposed thereto: Page S7103 T. Sablan and CNMI Fallen Military Heroes Post Boozman (for Shelby/Brown) Amendment No. Office Building’’. Page S7103 5127, in the nature of a substitute. Page S7103 Concerning Peaceful Uses of Nuclear Energy: Special Warfare Operator Master Chief Petty Senate passed S. 8, to provide for the approval of the Officer (SEAL) Louis ‘Lou’ J. Langlais Post Office Agreement for Cooperation Between the Government Building: Senate passed H.R. 3218, to designate the of the United States of America and the Government facility of the United States Postal Service located at of the Kingdom of Norway Concerning Peaceful 1221 State Street, Suite 12, Santa Barbara, Cali- Uses of Nuclear Energy. Pages S7103–04 fornia, as the ‘‘Special Warfare Operator Master PACT Act: Committee on the Judiciary was dis- Chief Petty Officer (SEAL) Louis ‘Lou’ J. Langlais charged from further consideration of S. 1831, to re- Post Office Building’’. Page S7103 vise section 48 of title 18, United States Code, and Richard Allen Cable Post Office: Senate passed the bill was then passed, after agreeing to the fol- H.R. 4887, to designate the facility of the United lowing amendment proposed thereto: Page S7104 States Postal Service located at 23323 Shelby Road Boozman (for Toomey) Amendment No. 5169, in in Shelby, Indiana, as the ‘‘Richard Allen Cable Post the nature of a substitute. Page S7104 Office’’. Page S7103 Federal Law Enforcement Training Centers Re- Leonard Montalto Post Office Building: Senate form and Improvement Act: Committee on the Ju- passed H.R. 5150, to designate the facility of the diciary was discharged from further consideration of United States Postal Service located at 3031 Vet- H.R. 3842, to improve homeland security, including erans Road West in Staten Island, New York, as the domestic preparedness and response to terrorism, by ‘‘Leonard Montalto Post Office Building’’. Page S7103 reforming Federal Law Enforcement Training Centers

VerDate Sep 11 2014 07:37 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D09DE6.REC D09DEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST December 9, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D1121 to provide training to first responders, and the bill charged from further consideration of H.R. 3784, to was then passed, after agreeing to the following amend the Securities Exchange Act of 1934 to estab- amendment proposed thereto: Page S7104 lish an Office of the Advocate for Small Business Boozman (for Perdue) Amendment No. 5171, re- Capital Formation and a Small Business Capital For- lating to opportunities for small business participa- mation Advisory Committee, and the bill was then tion. Pages S7104–06 passed. Page S7108 Federal Law Enforcement Training Centers Re- Sidney Oslin Smith, Jr. Federal Building and form and Improvement Act: Committee on the Ju- United States Courthouse: Committee on Environ- diciary was discharged from further consideration of ment and Public Works was discharged from further S. 2781, to improve homeland security, including consideration of H.R. 4618, to designate the Federal domestic preparedness and response to terrorism, by building and United States courthouse located at reforming Federal Law Enforcement Training Centers 121 Spring Street SE in Gainesville, Georgia, as the to provide training to first responders, and the bill ‘‘Sidney Oslin Smith, Jr. Federal Building and was then passed, after agreeing to the following United States Courthouse’’, and the bill was then amendment proposed thereto: Pages S7104–06 passed. Page S7108 Boozman (for Perdue) Amendment No. 5170, re- Bottles and Breastfeeding Equipment Screening lating to travel compensation. Pages S7104–06 Act: Committee on Commerce, Science, and Trans- GAO Mandates Revision Act: Senate passed H.R. portation was discharged from further consideration 5687, to eliminate or modify certain mandates of the of H.R. 5065, to direct the Administrator of the Government Accountability Office. Page S7106 Transportation Security Administration to notify air Marine Debris Act Amendments: Senate passed carriers and security screening personnel of the S. 3086, to reauthorize and amend the Marine De- Transportation Security Administration of such Ad- bris Act to promote international action to reduce ministration’s guidelines regarding permitting baby marine debris, after agreeing to the committee formula, breast milk, purified deionized water, and amendment in the nature of a substitute, and the juice on airplanes, and the bill was then passed. following amendment proposed thereto: Pages S7108–09 Pages S7106–07 United States-Israel Advanced Research Part- Boozman (for Sullivan) Amendment No. 5172, to nership Act: Senate passed H.R. 5877, to amend the authorize the Administrator of the National Oceanic Homeland Security Act of 2002 and the United and Atmospheric Administration to assist with cleanup and response required by severe marine de- States-Israel Strategic Partnership Act of 2014 to promote cooperative homeland security research and bris events. Pages S7106–07 antiterrorism programs relating to cybersecurity. Department of Veterans Affairs Bonus Trans- Page S7109 parency Act: Committee on Veterans’ Affairs was discharged from further consideration of S. 3112, to National Aviation Maintenance Technician amend title 38, United States Code, to require the Day: Committee on Commerce, Science, and Trans- Secretary of Veterans Affairs to submit an annual re- portation was discharged from further consideration port regarding performance awards and bonuses of S. Res. 335, supporting the goals and ideals of awarded to certain high-level employees of the De- National Aviation Maintenance Technician Day, partment of Veterans Affairs, and the bill was then honoring the invaluable contributions of Charles Ed- ward Taylor, regarded as the father of aviation main- passed. Page S7108 tenance, and recognizing the essential role of aviation Daniel L. Kinnard VA Clinic: Committee on maintenance technicians in ensuring the safety and Veterans’ Affairs was discharged from further consid- security of civil and military aircraft, and the resolu- eration of H.R. 960, to designate the Department of tion was then agreed to. Page S7109 Veterans Affairs community-based outpatient clinic in Newark, Ohio, as the Daniel L. Kinnard VA Increasing the Department of Veterans Affairs Accountability to Veterans Act: Senate passed S. Clinic, and the bill was then passed. Page S7108 290, to amend title 38, United States Code, to im- Apollo 11 50th Anniversary Commemorative prove the accountability of employees of the Depart- Coin Act: Senate passed H.R. 2726, to require the ment of Veterans Affairs, after agreeing to the com- Secretary of the Treasury to mint commemorative mittee amendment in the nature of a substitute, and coins in recognition of the 50th anniversary of the the following amendment proposed thereto: first manned landing on the moon. Page S7108 Page S7109 SEC Small Business Advocate Act: Committee Boozman (for Moran) Amendment No. 5173, in on Banking, Housing, and Urban Affairs was dis- the nature of a substitute. Page S7109

VerDate Sep 11 2014 07:37 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D09DE6.REC D09DEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D1122 CONGRESSIONAL RECORD — DAILY DIGEST December 9, 2016 Jeff Miller and Richard Blumenthal Veterans and through stronger and more flexible political re- Health Care and Benefits Improvement Act: Senate sponses to religious freedom violations and violent passed H.R. 6416, to amend title 38, United States extremism worldwide, after withdrawing the com- Code, to make certain improvements in the laws ad- mittee amendment in the nature of a substitute, and ministered by the Secretary of Veterans Affairs. agreeing to the following amendment proposed Pages S7109–21 thereto: Pages S7123–27 Combat-Injured Veterans Tax Fairness Act: Portman (for Corker) Amendment No. 5175, in Senate passed H.R. 5015, to restore amounts im- the nature of a substitute. Pages S7123–27 properly withheld for tax purposes from severance Portman (for Corker) Amendment No. 5176 (to payments to individuals who retired or separated Amendment No. 5175), to clarify religious freedom from service in the Armed Forces for combat-related training requirements for Foreign Service officers. injuries. Page S7121 Pages S7123–27 Commemorating the Bicentennial of the State of Encouraging Reunions of Divided Korean Amer- Indiana: Senate agreed to S. Res. 635, recognizing ican Families: Senate agreed to H. Con. Res. 40, and commemorating the bicentennial of the State of encouraging reunions of divided Korean American Indiana. Page S7121 families. Page S7127 National Nurse-Managed Health Clinic Week: United States-Caribbean Strategic Engagement Senate agreed to S. Res. 636, designating the week Act: Senate passed H.R. 4939, to increase engage- of December 4 through December 10, 2016, as ‘‘Na- ment with the governments of the Caribbean region, tional Nurse-Managed Health Clinic Week’’. the Caribbean diaspora community in the United Page S7121 States, and the private sector and civil society in Tragic Fire in Oakland, California: Senate both the United States and the Caribbean, after agreed to S. Res. 637, honoring the individuals who agreeing to the committee amendment in the nature lost their lives in the tragic fire in Oakland, Cali- of a substitute, and the following amendment pro- fornia, on December 2, 2016. Page S7121 posed thereto: Pages S7127–28 National Pearl Harbor Remembrance Day: Sen- Portman (for Corker) Amendment No. 5177, to ate agreed to S. Res. 638, recognizing the 75th anni- revise the multi-year strategy requirement regarding versary of the attack on Pearl Harbor and the lasting diplomatic engagement with Caribbean region gov- significance of National Pearl Harbor Remembrance ernments. Page S7128 Day. Page S7121 Correction in the Enrollment: Senate agreed to Wreaths Across America Day: Senate agreed to S. H. Con. Res. 181, directing the Secretary of the Sen- Res. 639, designating December 17, 2016, as ate to make a certain correction in the enrollment of ‘‘Wreaths Across America Day’’. Page S7121 S. 1635. Page S7128 Recognizing the Death of John Glenn: Senate Faster Care for Veterans Act: Senate passed H.R. agreed to S. Res. 640, recognizing the death of John 4352, to direct the Secretary of Veterans Affairs to Glenn, former Senator for the State of Ohio and the carry out a pilot program establishing a patient self- first individual from the United States to orbit the scheduling appointment system. Page S7128 Earth. Pages S7122–23 CHIP IN for Vets Act: Senate passed H.R. 5099, 70-year Reign of King Bhumibol Adulyadej: to establish a pilot program on partnership agree- Senate agreed to S. Con. Res. 57, honoring in praise ments to construct new facilities for the Department and remembrance the extraordinary life, steady lead- of Veterans Affairs. Page S7128 ership, and remarkable, 70-year reign of King Bhumibol Adulyadej of Thailand, after agreeing to Federal Bureau of Investigation Whistleblower the following amendment proposed thereto: Protection Enhancement Act: Senate passed H.R. Page S7123 5790, to provide adequate protections for whistle- Portman (for Hatch) Amendment No. 5174, to blowers at the Federal Bureau of Investigation. make a correction. Page S7123 Pages S7128–30 Frank R. Wolf International Religious Freedom Holocaust Expropriated Art Recovery Act: Senate Act: Senate passed H.R. 1150, to amend the Inter- passed H.R. 6130, to provide the victims of Holo- national Religious Freedom Act of 1998 to improve caust-era persecution and their heirs a fair oppor- the ability of the United States to advance religious tunity to recover works of art confiscated or mis- freedom globally through enhanced diplomacy, train- appropriated by the Nazis. Page S7130 ing, counterterrorism, and foreign assistance efforts,

VerDate Sep 11 2014 07:37 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D09DE6.REC D09DEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST December 9, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D1123 Tibor Rubin VA Medical Center: Senate passed tration of data to facilitate transparency, effective H.R. 6323, to name the Department of Veterans Af- governance, and innovation, after agreeing to the fairs health care system in Long Beach, California, committee amendment in the nature of a substitute. the ‘‘Tibor Rubin VA Medical Center’’. Page S7130 Pages S7132–35 John H. Chafee Coastal Barrier Resources Sys- Federal Assets Sale and Transfer Act: Senate tem: Senate passed H.R. 6400, to revise the bound- passed H.R. 4465, to decrease the deficit by consoli- aries of certain John H. Chafee Coastal Barrier Re- dating and selling Federal buildings and other civil- sources System units in New Jersey. Page S7130 ian real property. Page S7135 Promoting Travel, Commerce, and National Se- National Aeronautics and Space Administration curity Act: Senate passed H.R. 6431, to ensure Transition Authorization Act: Senate passed S. United States jurisdiction over offenses committed 3346, to authorize the programs of the National by United States personnel stationed in Canada in Aeronautics and Space Administration, after with- furtherance of border security initiatives. Page S7130 drawing the committee amendment in the nature of Inspector General Empowerment Act: Senate a substitute, and agreeing to the following amend- passed H.R. 6450, to amend the Inspector General ment proposed thereto: Pages S7135–44 Act of 1978 to strengthen the independence of the Portman (for Cruz/Nelson) Amendment No. 5180, Inspectors General. Pages S7130–31 in the nature of a substitute. Page S7144 Federal Property Management Reform Act: Sen- 200th Anniversary of the Committee on the Ju- ate passed H.R. 6451, to improve the Government- diciary: Senate agreed to S. Res. 641, celebrating wide management of Federal property. Page S7131 the 200th anniversary of the Committee on the Judi- Ensuring Access to Pacific Fisheries Act: Senate ciary of the Senate. Page S7144 passed H.R. 6452, to implement the Convention on Jonathan ‘J.D.’ De Guzman Post Office Build- the Conservation and Management of High Seas ing: Senate passed H.R. 5948, to designate the facil- Fisheries Resources in the North Pacific Ocean, to ity of the United States Postal Service located at 830 implement the Convention on the Conservation and Kuhn Drive in Chula Vista, California, as the ‘‘Jona- Management of High Seas Fishery Resources in the than ‘J.D.’ De Guzman Post Office Building’’. South Pacific Ocean. Page S7131 Page S7144 Foreign Sovereign Immunity: Senate passed H.R. U.S. Naval Construction Battalion ‘‘Seabees’’ 6477, to amend chapter 97 of title 28, United States Fallen Heroes Post Office Building: Senate passed Code, to clarify the exception to foreign sovereign H.R. 6138, to designate the facility of the United immunity set forth in section 1605(a)(3) of such States Postal Service located at 560 East Pleasant title. Page S7131 Valley Road, Port Hueneme, California, as the U.S. Overtime Pay for Secret Service Agents Act: Sen- Naval Construction Battalion ‘‘Seabees’’ Fallen He- ate passed H.R. 6302, to provide an increase in pre- roes Post Office Building. Page S7144 mium pay for United States Secret Service agents Dr. Roscoe C. Brown, Jr. Post Office Building: performing protective services during 2016, after Senate passed H.R. 6282, to designate the facility of agreeing to the following amendments proposed the United States Postal Service located at 2024 Je- thereto: Pages S7131–32 rome Avenue, in Bronx, New York, as the ‘‘Dr. Ros- Portman (for Johnson) Amendment No. 5178, in coe C. Brown, Jr. Post Office Building’’. Page S7144 the nature of a substitute. Page S7131 Adolfo ‘Harpo’ Celaya Post Office: Senate passed Portman (for Johnson) Amendment No. 5179, to H.R. 6304, to designate the facility of the United amend the title. Pages S7131–32 States Postal Service located at 501 North Main Marine Lance Corporal Squire ‘Skip’ Wells Post Street in Florence, Arizona, as the ‘‘Adolfo ‘Harpo’ Office Building: Committee on Homeland Security Celaya Post Office’’. Page S7144 and Governmental Affairs was discharged from fur- Social Security Act: Committee on Finance was ther consideration of H.R. 5612, to designate the fa- discharged from further consideration of S. 1168, to cility of the United States Postal Service located at amend title XVIII of the Social Security Act to pre- 2886 Sandy Plains Road in Marietta, Georgia, as the serve access to rehabilitation innovation centers ‘‘Marine Lance Corporal Squire ‘Skip’ Wells Post Of- under the Medicare program, and the bill was then fice Building’’, and the bill was then passed. passed, after agreeing to the following amendment Page S7132 proposed thereto: Pages S7144–45 OPEN Government Data Act: Senate passed S. Portman (for Kirk) Amendment No. 5181, in the 2852, to expand the Government’s use and adminis- nature of a substitute. Page S7145

VerDate Sep 11 2014 07:37 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D09DE6.REC D09DEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D1124 CONGRESSIONAL RECORD — DAILY DIGEST December 9, 2016 Post-9/11 Educational Assistance: Committee on Portman (for Gardner/Peters) Amendment No. Veterans’ Affairs was discharged from further consid- 5186, in the nature of a substitute. Page S7167 eration of S. 3021, to amend title 38, United States National Park Service Centennial Act: Senate Code, to authorize the use of Post-9/11 Educational passed H.R. 4680, to prepare the National Park Assistance to pursue independent study programs at Service for its Centennial in 2016 and for a second certain educational institutions that are not institu- century of promoting and protecting the natural, tions of higher learning, and the bill was then historic, and cultural resources of our National Parks passed, after agreeing to the following amendment for the enjoyment of present and future generations. proposed thereto: Page S7145 Page S7167 Portman (for Inhofe/Blumenthal) Amendment No. 5182, in the nature of a substitute. Page S7145 House Messages: Essential Transportation Worker Identification Energy and Water Development and Related Credential Assessment Act: Senate passed H.R. 710, Agencies Appropriations Act: By 63 yeas to 36 nays to require the Secretary of Homeland Security to (Vote No. 161), Senate concurred in the amendment prepare a comprehensive security assessment of the of the House to the amendment of the Senate to transportation security card program, after with- H.R. 2028, making appropriations for energy and drawing the committee amendment in the nature of water development and related agencies for the fiscal a substitute, and agreeing to the following amend- year ending September 30, 2016, after taking action ment proposed thereto: Pages S7145–47 on the following amendments and motions proposed Portman (for Thune) Amendment No. 5183, in thereto: Pages S6932–95 the nature of a substitute. Pages S7146–47 Withdrawn: McConnell motion to concur in the amendment of TIRES Act: Senate passed S. 1776, to enhance the House to the amendment of the Senate to the tribal road safety, after withdrawing the committee bill, with McConnell Amendment No. 5139, to amendment in the nature of a substitute, and agree- change the enactment date. Pages S6933, S6994 ing to the following amendment proposed thereto: During consideration of this measure today, Senate Pages S7147–49 also took the following action: Portman (for Barrasso) Amendment No. 5184, in By 61 yeas to 38 nays (Vote No. 160), three-fifths the nature of a substitute. Pages S7148–49 of those Senators duly chosen and sworn, having Cross-Border Trade Enhancement Act: Senate voted in the affirmative, Senate agreed to the motion passed H.R. 875, to provide for alternative financing to close further debate on McConnell motion to con- arrangements for the provision of certain services and cur in the amendment of the House to the amend- the construction and maintenance of infrastructure at ment of the Senate to the bill. Page S6994 land border ports of entry. Page S7149 McConnell motion to refer the message of the Endangered Species Act of 1973: Senate passed House on the bill to the Committee on Appropria- H.R. 4245, to exempt exportation of certain tions, with instructions, McConnell Amendment No. echinoderms and mollusks from licensing require- 5141, to change the enactment date, fell when clo- ments under the Endangered Species Act of 1973, ture was invoked on McConnell motion to concur in after agreeing to the following amendment proposed the amendment of the House to the amendment of thereto: Page S7149 the Senate to the bill. Pages S6933, S6944 Portman (for King) Amendment No. 5185, in the McConnell Amendment No. 5142 (the instruc- nature of a substitute. Page S7149 tions (Amendment No. 5141) of the motion to refer), of a perfecting nature, fell when McConnell Authorizing Taking Pictures and Filming: Sen- motion to refer the message of the House on the bill ate agreed to S. Res. 642, authorizing taking pic- fell. Pages S6933, S6944 tures and filming in the Senate Chamber, the Senate McConnell Amendment No. 5143 (to Amend- Wing of the United States Capitol, and Senate Of- ment No. 5142), of a perfecting nature, fell when fice Buildings for production of a film and a book McConnell Amendment No. 5142 (the instructions on the history of the Senate. Page S7149 (Amendment No. 5141) of the motion to refer) fell. American Innovation and Competitiveness Act: Pages S6933, S6944 Senate passed S. 3084, to invest in innovation McConnell Amendment No. 5140 (to Amend- through research and development, and to improve ment No. 5139), of a perfecting nature, fell when the competitiveness of the United States, after with- McConnell motion to concur in the amendment of drawing the committee amendment in the nature of the House to the amendment of the Senate to the a substitute, and agreeing to the following amend- bill, with McConnell Amendment No. 5139 was ment proposed thereto: Pages S7149–67 withdrawn. Pages S6933, S6994

VerDate Sep 11 2014 07:37 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D09DE6.REC D09DEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST December 9, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D1125 Water Infrastructure Improvements for the Na- Emmett Till Unsolved Civil Rights Crime Act of tion Act: By 78 yeas to 21 nays (Vote No. 163), 2007. Page S7135 Senate concurred in the amendment of the House to National Urban Search and Rescue Response S. 612, to designate the Federal building and United System Act: Senate concurred in the amendment of States courthouse located at 1300 Victoria Street in the House to S. 2971, to authorize the National Laredo, Texas, as the ‘‘George P. Kazen Federal Urban Search and Rescue Response System. Building and United States Courthouse’’, after tak- Page S7135 ing action on the following amendments and mo- Department of State Operations Authorization tions proposed thereto: Pages S6995–98, S7000–04 Withdrawn: and Embassy Security Act, Fiscal Year 2016: Sen- McConnell motion to concur in the amendment of ate concurred in the amendment of the House to S. the House to the bill, with McConnell Amendment 1635, to authorize the Department of State for fiscal year 2016. Page S7167 No. 5144, to change the enactment date. Page S7004 During consideration of this measure today, Senate Appointments: also took the following action: Advisory Committee on International Exchange By 69 yeas to 30 nays (Vote No. 162), three-fifths Rate Policy: The Chair announced, on behalf of the of those Senators duly chosen and sworn, having President pro tempore, pursuant to Public Law voted in the affirmative, Senate agreed to the motion 114–125, upon the recommendation of the Chair- to close further debate on McConnell motion to con- man and Ranking Member of the Committee on Fi- cur in the amendment of the House to the bill. nance and the Chairman and Ranking Member of Page S7004 the Committee on Banking, Housing, and Urban McConnell motion to refer the message of the Affairs, the appointment of the following individuals House on the bill to the Committee on Environment to serve as members of the Advisory Committee on and Public Works, with instructions, McConnell International Exchange Rate Policy: Mark A. Amendment No. 5146, to change the enactment Calabria of Virginia, John Cochrane of California, date, fell when cloture was invoked on McConnell and Thea Lee of the District of Columbia. Page S7102 motion to concur in the amendment of the House United States-China Economic Security Review to the bill. Pages S6995, S7004 Commission: The Chair announced, on behalf of the McConnell Amendment No. 5147 (the instruc- Majority Leader, pursuant to the provisions of Public tions (Amendment No. 5146) of the motion to Law 106–398, as amended by Public Law 108–7, refer), of a perfecting nature, fell when McConnell and in consultation with the Chairmen of the Senate motion to refer the message of the House on the bill Committee on Armed Services and the Senate Com- fell. Pages S6995, S7004 mittee on Finance, the re-appointment of the fol- McConnell Amendment No. 5148 (to Amend- lowing individual to serve as a member of the ment No. 5147), of a perfecting nature, fell when United States-China Economic Security Review McConnell Amendment No. 5147 (the instructions Commission: Dennis Shea of Virginia, for a term be- (Amendment No. 5146) of the motion to refer) fell. ginning January 1, 2017 and expiring December 31, Pages S6995, S7004 2018. Page S7102 McConnell Amendment No. 5145 (to Amend- Authority for Committees—Agreement: A unani- ment No. 5144), of a perfecting nature, fell when mous-consent agreement was reached providing that, McConnell motion to concur in the amendment of notwithstanding the Senate’s adjournment, commit- the House to the bill, with McConnell Amendment tees be authorized to report legislative and executive No. 5144 was withdrawn. Pages S6995, S7004 matters on Tuesday, December 20, 2016, from 9:30 RESPONSE Act: Senate concurred in the amend- a.m. until 11:30 a.m. Page S7102 ment of the House to S. 546, to establish the Rail- Tributes to Retiring Senators and the President road Emergency Services Preparedness, Operational of the Senate—Agreement: A unanimous-consent Needs, and Safety Evaluation (RESPONSE) Sub- agreement was reached providing that there be committee under the Federal Emergency Manage- printed as a Senate document a compilation of mate- ment Agency’s National Advisory Council to provide rials from the Congressional Record in tribute to retir- recommendations on emergency responder training ing Members of the 114th Congress, and an addi- and resources relating to hazardous materials inci- tional Senate document a compilation of materials dents involving railroads. Page S7104 from the Congressional Record in tribute to President Emmett Till Unsolved Civil Rights Crimes Re- of the Senate Joe Biden, and that Members have authorization Act: Senate concurred in the amend- until Tuesday, December 20, 2016 to submit such ment of the House to S. 2854, to reauthorize the tributes. Page S7102

VerDate Sep 11 2014 07:37 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D09DE6.REC D09DEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D1126 CONGRESSIONAL RECORD — DAILY DIGEST December 9, 2016

A unanimous-consent agreement was reached pro- Adri Davin Jayaratne, of Michigan, to be an As- viding that any tributes submitted by December 20, sistant Secretary of Labor. 2016, as authorized by the order of Saturday, De- Jay Neal Lerner, of Illinois, to be Inspector Gen- cember 10, 2016, be printed in the January 3, 2017 eral, Federal Deposit Insurance Corporation. Congressional Record of the 114th Congress. Andrew Mayock, of Illinois, to be Deputy Direc- Page S7167 tor for Management, Office of Management and Authorizing Leadership to Make Appoint- Budget. ments—Agreement: A unanimous-consent agree- Peggy E. Gustafson, of Maryland, to be Inspector ment was reached providing that, notwithstanding General, Department of Commerce. the upcoming adjournment of the Senate, the Presi- Kamala Shirin Lakhdhir, of Connecticut, to be dent of the Senate, the President pro tempore, and Ambassador to Malaysia. the Majority and Minority Leaders be authorized to Mark D. Acton, of Kentucky, to be a Commis- make appointments to commissions, committees, sioner of the Postal Regulatory Commission for a boards, conferences, or interparliamentary conferences term expiring October 14, 2022. authorized by law, by concurrent action of the two Robert G. Taub, of New York, to be a Commis- sioner of the Postal Regulatory Commission for a Houses, or by order of the Senate. Page S7167 term expiring October 14, 2022. Pro Forma Sessions—Agreement: A unanimous- John D. Minton, Jr., of Kentucky, to be a Mem- consent-agreement was reached providing that the ber of the Board of Directors of the State Justice In- Senate adjourn, to then convene for pro forma ses- stitute for a term expiring September 17, 2019. sions only, with no business being conducted on the Ann Begeman, of South Dakota, to be a Member following dates and times, and that following each of the Surface Transportation Board for a term expir- pro forma session, the Senate adjourn until the next ing December 31, 2020. Pages S7099–S7101, S7167–68 pro forma session: Tuesday, December 13, 2016, 1 Navy nomination in the rank of admiral. 8:30 a.m.; Friday, December 16, 2016, 10 a.m.; Page S7101 Tuesday, December 20, 2016, 9:30 a.m.; Friday, De- 5 Coast Guard nominations in the rank of admi- cember 23, 2016, 11:30 a.m.; Tuesday, December ral. 27, 2016, 4:30 p.m.; Friday, December 30, 2016, 10 Routine lists in the Coast Guard. Page S7101 a.m.; Tuesday, January 3, 2017, 11:55 a.m.; and Messages from the House: Page S7027 that when the Senate adjourns on Tuesday, January 3, 2017, it next convene at 12 noon, on the same Executive Communications: Pages S7027–31 day, pursuant to the Constitution; that following the Additional Cosponsors: Pages S7032–33 presentation of the certificates of election and the Statements on Introduced Bills/Resolutions: swearing in of elected members and the required live quorum; and that following Leader remarks, Senate Pages S7033–40 be in a period of morning business. Page S7167 Additional Statements: Pages S7025–27 Removal of Injunction of Secrecy: The injunction Amendments Submitted: Pages S7040–99 of secrecy was removed from the following treaties: Notices of Intent: Page S7099 The Treaties with the Republic of Kiribati and Record Votes: Four record votes were taken today. the Government of the Federated States of Micro- (Total—163) Pages S6994–95, S7004 nesia on the Delimitation of Maritime Boundaries (Treaty Doc. No. 114–13); Adjournment: Senate convened at 9:30 a.m. on Fri- The Arms Trade Treaty (Treaty Doc. No. day, December 9, 2016 and adjourned, as a further 114–14); and mark of respect to the memory of the late Senator United Nations Convention on Transparency in John Glenn, in accordance with S. Res. 640, at 6:39 Treaty-Based Investor-State Arbitration (Treaty Doc. a.m. on Saturday, December 10, 2016, until 8:30 No. 114–15). a.m. on Tuesday, December 13, 2016. (For Senate’s program, see the remarks of the Acting Majority The treaties were transmitted to the Senate today, Leader in today’s Record on page S7167.) considered as having been read for the first time, and referred, with accompanying papers, to the Com- mittee on Foreign Relations and ordered to be print- Committee Meetings ed. Pages S6998–S7000 (Committees not listed did not meet) Nominations Confirmed: Senate confirmed the following nominations: No committee meetings were held.

VerDate Sep 11 2014 07:37 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D09DE6.REC D09DEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST December 9, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D1127 House of Representatives H.R. 5785, to amend title 5, United States Code, Chamber Action to provide for an annuity supplement for certain air The House was not in session today. The House traffic controllers. Signed on December 8, 2016. is scheduled to meet in a Pro Forma session at 3 (Public Law 114–251) p.m. on Monday, December 12, 2016. H.R. 5873, to designate the Federal building and United States courthouse located at 511 East San Antonio Avenue in El Paso, Texas, as the ‘‘R.E. Committee Meetings Thomason Federal Building and United States No hearings were held. Courthouse’’. Signed on December 8, 2016. (Public Law 114–252) Joint Meetings S. 2754, to designate the Federal building and United States courthouse located at 300 Fannin No joint committee meetings were held. Street in Shreveport, Louisiana, as the ‘‘Tom Stagg f United States Court House’’. Signed on December 8, NEW PUBLIC LAWS 2016. (Public Law 114–253) f (For last listing of Public Laws, see DAILY DIGEST, p. D1078) H.R. 4665, to require the Secretary of Commerce COMMITTEE MEETINGS FOR MONDAY, to conduct an assessment and analysis of the outdoor DECEMBER 12, 2016 recreation economy of the United States. Signed on (Committee meetings are open unless otherwise indicated) December 8, 2016. (Public Law 114–249) H.R. 4902, to amend title 5, United States Code, Senate to expand law enforcement availability pay to em- No meetings/hearings scheduled. ployees of U.S. Customs and Border Protection’s Air and Marine Operations. Signed on December 8, House 2016. (Public Law 114–250) No hearings are scheduled.

VerDate Sep 11 2014 07:37 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D09DE6.REC D09DEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D1128 CONGRESSIONAL RECORD — DAILY DIGEST December 9, 2016

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 8:30 a.m., Tuesday, December 13 3 p.m., Monday, December 12

Senate Chamber House Chamber Program for Tuesday: Senate will meet in a pro forma Program for Monday: House will meet in a Pro Forma session. session at 3 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Dingell, Debbie, Mich., E1685 Norton, Eleanor Holmes, The District of Columbia, Grayson, Alan, Fla., E1671 E1685 Beyer, Donald S., Jr., Va. E1674 Hastings, Alcee L., Fla., E1679 Payne, Donald M., Jr., N.J., E1675 Blumenauer, Earl, Ore., E1682 Kuster, Ann M., N.H., E1665, E1672, E1676, E1679, Perry, Scott, Pa., E1694 Brown, Corrine, Fla., E1669 E1682, E1686, E1689, E1692, E1695, E1698 Ryan, Tim, Ohio, E1681 Burgess, Michael C., Tex., E1695 Lee, Barbara, Calif., E1668 Serrano, Jose´ E., N.Y., E1669, E1670, E1675 Connolly, Gerald E., Va., E1665, E1676, E1681, E1685 Maloney, Carolyn B., N.Y., E1668, E1674, E1682, E1688, Thompson, Mike, Calif., E1667, E1670, E1675 Costa, Jim, Calif., E1675 E1691, E1697 Wilson, Frederica S., Fla., E1668 Cuellar, Henry, Tex., E1668, E1670, E1671, E1678, E1685, Matsui, Doris O., Calif., E1670, E1674 Young, David, Iowa, E1665, E1671, E1671, E1678, E1682, E1688, E1691, E1700 Nolan, Richard M., Minn. E1691 E1685, E1688, E1694, E1697

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through the U.S. Government Publishing Office, at www.fdsys.gov, free of charge to the user. The information is updated online each day the Congressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, [email protected]. ¶ To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 866–512–1800 (toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Publishing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Sep 11 2014 07:37 Dec 11, 2016 Jkt 069060 PO 00000 Frm 00010 Fmt 0664 Sfmt 0664 E:\CR\FM\D09DE6.REC D09DEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST